Ensuring Full and Equal Rights

ECONOMIC and social rights mainly concern the entitlement to be allowed to work, to a basic living standard, to social security, to health care and to education, among the fulfillment of other basic needs. According to the definition of the right to food as described under the UN Committee on Economic. Social and Cultural Rights General Comment No J2 （1999）,

RULE FOR PREFERRED STOCK IN CHINA： OVERTHROW OF THE PRINCIPLE OF ＂EQUAL SHARES, EQUAL RIGHTS＂？ ——FROM A COMPARATIVE PERSPECTIVE

The principle of ＂equal shares, equal rights＂ was established by the Company Law of 1993 of the People＇s Republic of China. At the initial stage only issuance of common stocks was allowed and the issuance of preferred stocks was interpreted as prohibited. The Company Law of 2006 has changed the rigidity of provisions of the Company Law of 1993 and laid down the legal foundation for issuance of preferred stock. The Rule for Administration of the Pilot Project for Preferred Stocks released on March 21, 2014 by the China Securities Regulatory Commission started the issuance of the preferred stocks in the Chinese capital market. The establishment of the legal system for issuance of preferred stock in China is not the symbol of overthrowing the principle of ＂equal shares, equal rights,＂ but the expansion and development of the principle of＂equal shares, equal rights＂ in a new era.

The Protection of the Right to Equality of the Elderly in the Digital Society

The inequality faced by the elderly in a digital society is the digital inequality caused by both public and private actions,as well as the societal inequality exacerbated by the digital inequality.The essence of this issue lies in the unequal social participation due to the expansion of digital space under digital inequality.The characteristics of the elderly,combined with their inherent human dignity,determine that the ultimate goal of protecting their right to equality in a digital society is not limited to equal digital rights alone.Instead,it aims to ensure that the elderly have equal opportunities for social participation in both digital and non-digital spaces by eliminating digital inequality and curbing the expansion of digital space.This ensures the autonomy of the elderly in the digital society.Accordingly,the State should implement two policies based on both prohibitive obligations that prevent direct infringements and protective obligations that safeguard the equal rights of the elderly against encroachments from private entities.The first policy,“Digital Integration”,empowers the elderly with digital skills and helps them actively integrate into the digital society.The second policy,“Digital Coexistence,”ensures that the elderly can equally participate in society even when they choose to abstain from digital technology.

Dilemma and Solution for Relief in the Right to Equal Employment-From the Perspective of Rectifying Private Law with Social Law

At present,the legal remedies in terms of the right to equal employment in China are mainly related to private law,that is,laborers seek direct legal remedies for personality rights liability and infringement liability according to typical private law,supplemented by indirect remedies for labor contract liability under special private law.However,there are many challenges in private law remedies for the right to equal employment,which are manifested in the misunderstanding of the general tort identification of employment discrimination,the loopholes in the regulations on discriminatory employment,the imbalance in the burden of proof,and the limitation and alienation of the functions of civil liability and private law autonomy.The root of those problems lies in the fact that the nature of anti-employment discrimination law is not private law but social law.Equal employment involves both public and private interests,and it should be based on the public interest of society and adhere to the value orientation of prioritizing fairness while taking into account efficiency.Improving the legal relief mechanism for protecting the right to equal employment,with a focus on correcting private law with social law,is the solution to the dilemma.Specific measures include establishing the special tort liability system for equal employment,the legal mechanism against discriminatory labor contracts,the public-private integrated legal responsibility system,and an essentially fair system for the responsibility of adducing evidence.

Gender Discrimination and Female Human Rights Protection in China's Labor Market

As an important part of women’s human rights system, women’s labor right for the women as a group is of very important value and profound significance. The existence of gender discrimination in the labor market caused double losses of benefits and economic efficiency and the interaction with human capital investments. It seriously hinders the women’s equal enjoyment of labor rights, affects the rational use of female talent resources and leads to the idle and waste of human resources in society. Based on analyzing the harm caused by gender discrimination in the labor market from an economic point of view, this paper reveals the existing problems of China’s existing laws and regulations. In the end, some advisable recommendations are suggested to improve the women’s equal employment rights for China.

Rural Legal Aid in the Perspective of Human Rights:Status Quo and Reform

As one of the human rights protection systems for rural residents, legal aid is an important well-being project. It provides legal assistance to the rural population with regard to every aspect of the application of the law, and reflects the care and assistance given to rural residents. It is an important way to ensure the equal realization of legitimate rights and interests of rural residents, and it is also a powerful measure to promote the all-round development of the rural population. After more than 20 years of growth, China’s rural legal aid work has achieved gratifying results. However, there are still outstanding problems such as unbalanced supply and demand, narrow scope, and tight funding. Therefore, we should build on the practice of rural legal aid to expand the number of aid teams, improve the quality of legal aid, broaden the scope of aid, and provide financial support so that rural legal aid can be truly visible, accessible, affordable and well performed.

The Empirical Investigation and Improvement Path of Judicial Protection of Civil Litigation Rights in China

The close coupling of civil litigation rights and human rights mean how well litigation rights are realized can directly or indirectly affect the judicial protection of human rights.Therefore,human rights protection in the field of civil litigation should take the right of civil litigation as the starting point and core.Based on a sample questionnaire survey of judges and lawyers,this paper conducts an empirical analysis and proposes that the exercise of this right should be taken as the main line to build a comprehensive protection mechanism for this right to realize its role in providing an institutional guarantee for human rights protection.It specifies three aspects:first,the process of filing a case should uphold the freedom and equality of the right to initiate litigation,remove substantial obstacles that affect the filing of the case,and ensure access to justice for disadvantaged groups;second,the trial procedure should have strengthened checks and balances on judicial power to ensure the right of litigation is compromised,and respects the procedural subject status of the two parties to realize equal protection of both parties;the third is to promote the implementation and improvement of relief for this right in the supervisory procedure,clarify the boundary of its relief by procuratorial supervision,and enhance the comprehensiveness and accuracy of the relief.

Feminism Demystified-history and Beyond

The study explores Feminism by focusing broadly on its history and further examining using Marxism and critical discourses by other feminists.Feminism refers to the idea that women and men ought to have equal rights.In 1734,the Swedish Civil Code gave women more rights,most notably prohibiting husbands from selling their wives’possessions without their approval.In her 1790 essay“On the equality of the sexes,”American women’s rights campaigner Judith Sargent Murray claimed that women are just as bright as men.British author Mary Wollstonecraft responded to philosopher Jean-Jacques Rousseau and other 18th-century Enlightenment intellectuals who did not extend their concepts of freedom to women in her 1792 book A Vindication of the Rights of Women.She challenges the idea that women are less logical than males and opposes the injustice.“Who made man the exclusive judge?”she demands.However,Frenchman Charles Fourier coined the term“feminisme”in 1837,marking the beginning of the concept of feminism.The Victorian Social Convention exalted and imposed the domestic roles of wife and mother on most married middle-class women in 19th-century Britain.Career aspirations were restricted because they were not allowed to receive an education on par with that of males.In The Communist Manifesto,German philosophers and revolutionary political theorists Karl Marx and Friedrich Engels contend that a bourgeois man regards his wife as nothing more than an apparatus of production.According to Engles,the family is at the core of the violence and oppression that women experience.Marxist feminists saw capitalism and patriarchy as the two fundamental systems that supported the subjugation of women.The British writer and social theorist Harriet Taylor Mill underlined that a lady who could support the family financially and had a good education would be respected by her husband and treated as a partner.However,men utilize rape as a means of controlling women,as seen by the social inequities that still affect women today.It’s shocking to learn that rape was a taboo topic until 1975 when Susan Brownmiller authored Against Our Will:Men,Women,and Rape.There was a notion that said women’s sexuality encourages rape,hence the guilt was frequently placed on the female victims.Nonetheless,postcolonial feminists such as Chandra Talpade Mohanty contend that regardless of their status as powerful or marginal,wealthy or not,women residing in non-Western nations are presumed to be impoverished,uninformed,uneducated,sexually restricted,tradition-bound,and victims.FGM(female genital cutting)has been a custom for at least 2,500 years,still practiced in thirty countries,mostly in Africa,Indonesia,and the Middle East.It is not connected to chastity and purity,guaranteeing that women remain virgins until marriage and remain faithful afterward.In this essay,Finally,I have looked at how women have faced discrimination in a variety of settings,including the home and the workplace,for millennia due to their gender.

UNCOVERING:THE ECONOMIC BENEFITS OF LGBT WORKPLACE INCLUSION

Lesbian,gay,bisexual,and transgender(LGBT)people constitute approximately five percent of the population,but workplace discrimination based on sexual orientation and gender identity remains troublingly commonplace.This article summarizes a large and growing body of social science research demonstrating the economic benefits of LGBT inclusion(and the costs of LGBT exclusion)in the workplace.It concludes with recommendations for(1)future research,stressing the need for more China-specific studies,which would inform policymaking and theoretical understanding of diversity and inclusion practices on business performance,(2)improving employer LGBT-inclusion policies,and(3)strengthening state protection of the equal employment rights of LGBT people.