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)...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.展开更多
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...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.展开更多
Wan Exiang, professor of the Law School of Wuhan University, doubles as justice and vice-president of China's Supreme People's Court. He is also vice-chairman of the Revolutionary Committee of the Chinese Kuom...Wan Exiang, professor of the Law School of Wuhan University, doubles as justice and vice-president of China's Supreme People's Court. He is also vice-chairman of the Revolutionary Committee of the Chinese Kuomintang, one of the democratic parties in China, and member of the Tenth National Committee of the Chinese People's Political Consultative Conference, China's highest consulting body. Prof. Wan is reputed in China and abroad for his achievements in study of international human rights laws and also as the founder of the Wuhan University Center for Protection of the Rights of the Underprivileged in Society, the first of its kind ever set up in the country. Since its founding a decade ago, the center has won a fame for the quality legal services it renders to needy people in their tens of thousands, including disabled people, juveniles, women and workers laid off from state-owned enterprises in the course of China's economic restructuring. While a press favorite at home, the center has received coverage by the NHK TV of Japan, Washington Post of the United States, Phoenix TV of Hong Kong and numerous other media outside the Chinese mainland. Following is an interview with Prof. Wan Exiang, in which he discussed how human rights are protected under China's legal system and in what ways the system should be improved.展开更多
Since the 18th National Congress of the Communist Party of China (CPC), the system for the legal protection of human rignts under socialism with Chinese characteristics has experienced innowtive development. In part...Since the 18th National Congress of the Communist Party of China (CPC), the system for the legal protection of human rignts under socialism with Chinese characteristics has experienced innowtive development. In particular, the Decision on Certain Key Issues on Comprehensively Deepening Reform, which was adopted by the Third Plenary Session of the 18th CPC Central Committee, has made major reform arrangements related to the system and mechanisms for the legal protection of human rights under socialism with Chinese characteristics. Taking the theoretical and practical innovations since the 18th CPC National Congress in the protection of human rights as its perspective, this, article discusses new realms and new highlights in the legal protection of human rights.展开更多
December 2017 Contents PreambleⅠ.Improving the Legal Framework to Ensure Human RightsⅡ.Promoting Law-based Administration to Protect the Citizens’Lawful Rights and InterestsⅢ.Effectively Enhancing Judicial Protect...December 2017 Contents PreambleⅠ.Improving the Legal Framework to Ensure Human RightsⅡ.Promoting Law-based Administration to Protect the Citizens’Lawful Rights and InterestsⅢ.Effectively Enhancing Judicial Protection of Human RightsⅣ.Consolidating Social Mechanisms for Legal Protection of Human RightsⅤ.Strengthening the CPC Leadership over Legal Protection of Human RightsⅥ.Actively Promoting the Development of Global Human Rights Under the Rule of Law展开更多
The 16th National Congress of the Communist Party of China (CPC) held in 2003 set thetask of promoting the reform of China's judicial system, a task seen as of strategic importance to the country's development. Sh...The 16th National Congress of the Communist Party of China (CPC) held in 2003 set thetask of promoting the reform of China's judicial system, a task seen as of strategic importance to the country's development. Shortly afterwards, the CPC Central Committee set up the Leading Group for the Judicial System Reform (LGJSR).展开更多
One. On the constitutional principle for human rights In March 2004, the Constitution of the People’s Republic of China was revised at the Second Session of the Tenth National People’s Congress (NPC). The clause tha...One. On the constitutional principle for human rights In March 2004, the Constitution of the People’s Republic of China was revised at the Second Session of the Tenth National People’s Congress (NPC). The clause that "The state shall respect and protect human rights" was written into the Constitution for the first time, thus making the policy of the Chinese government and the ruling Communist Party for respecting and protecting human rights a constitutional principle and the will of the people and the state. The revision means stronger protection for human rights in China, and it is meant to promote the development of the country’s human rights cause in its展开更多
The 19;National Congress of the Communist Party of China established Xi Jinping’s socialist ideology with Chinese characteristics in a new era,and opened up a new era for the socialist construction with Chinese chara...The 19;National Congress of the Communist Party of China established Xi Jinping’s socialist ideology with Chinese characteristics in a new era,and opened up a new era for the socialist construction with Chinese characteristics.This indicates the direction for China’s human rights cause to move towards a new era,which has laid展开更多
Over the past 40 years of reform and opening up,the Party and the State have gained a richer and deeper understanding of human rights.In 1997,the 15;Communist Party of China National Congress Report put forward"r...Over the past 40 years of reform and opening up,the Party and the State have gained a richer and deeper understanding of human rights.In 1997,the 15;Communist Party of China National Congress Report put forward"respect for human rights".In 2004,the idea that"the State respects and protects human rights"was written into展开更多
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. Ove...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.展开更多
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 t...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.展开更多
On March 26,2023,a Seminar on Chinese Democracy and Human Rights Protection was held,jointly organized by the National Human Rights Education and Training Base and the Human Rights Research Center of Central South Uni...On March 26,2023,a Seminar on Chinese Democracy and Human Rights Protection was held,jointly organized by the National Human Rights Education and Training Base and the Human Rights Research Center of Central South University under the guidance of the Chinese Society for Human Rights Studies.The event adopted a combination of online and offline channels.Over 30 experts and scholars from universities,research institutions,and practical departments across the country participated in extensive discussions on“Theoretical and Practical Aspects of Chinese Democracy and Protection of Human Rights.”The seminar aimed to focused on the essence,characteristics,advantages,and human rights implications of Chinese democracy and interpreted the concept of Chinese democracy and the protection of human rights through academic and theoretical methods.展开更多
The protection of minority rights and the construction of a multi-ethnic country are two aspects of the same historical process. Language is one of the most prominent characteristics and symbols of an ethnic group. Th...The protection of minority rights and the construction of a multi-ethnic country are two aspects of the same historical process. Language is one of the most prominent characteristics and symbols of an ethnic group. The diversity of languages is also the common wealth of the entire human race. Linguistic rights are an important part of the cultural rights of ethnic minorities. Recognizing and guaranteeing the rights of ethnic minorities to live, study, and work and to enjoy and develop their own culture and language is the significant contents of their rights. The Chinese government has always attached importance to the protection of cultural rights and other rights of ethnic minorities, including language rights. The Constitution of the People’s Republic of China, the National Regional Autonomy Law, and other laws and regulations as well as the National Human Rights Action Plan of China and other policy documents all have relevant provisions, which help to form a harmonious and diverse multi-ethnic development pattern.展开更多
The founding of the Communist party of China,especially the founding of pRC and the establishment of the socialist system,opened a new chapter in the development of the Chinese women’s cause.The Communist party of Ch...The founding of the Communist party of China,especially the founding of pRC and the establishment of the socialist system,opened a new chapter in the development of the Chinese women’s cause.The Communist party of China(CpC)and the Chinese government have a strong political will and a sense of political responsibility in realizing gender equality and protecting women’s rights.over the past 100 years,under the leadership of the CpC,the status of Chinese women has been fundamentally changed in the political and legal sense,and a historic breakthrough has been achieved.The development of the Chinese women’s cause has overcome many difficulties.In particular,after the launch of the reform and opening-up,on the basis of economic development,social progress,and continuous promotion of the rule of law,a set of legal protection systems for comprehensive protection of women’s rights have gradually been formed.The concept of social gender has provided new perspectives and approaches for China’s legal studies,and the process of gender mainstreaming in China has continued to deepen.China follows the socialist path of women’s cause with Chinese characteristics and continues to strengthen the legal protection of women’s rights in China,thereby making important contributions to the development of women in the world.展开更多
The People's Republic of China Social Insurance Law (draft) has undergone three readings at the Standing Committee of the National People's Congress. The Law, once promulgated, will be of great significance to imp...The People's Republic of China Social Insurance Law (draft) has undergone three readings at the Standing Committee of the National People's Congress. The Law, once promulgated, will be of great significance to implementation of the constitutional principle of "respecting and protecting human rights." It will help regulate the various social insurance relationships and the rights and obligations of the parties involved.展开更多
specific groups such as women,children,ethnic minorities,the elderly,and persons with disabilities are facing special difficulties in exercising their rights The protection of their rights is an important part of the ...specific groups such as women,children,ethnic minorities,the elderly,and persons with disabilities are facing special difficulties in exercising their rights The protection of their rights is an important part of the development of China’s human rights cause The Annual Report on China’s Human Rights have outlined the tremendous achievements China has made in protecting the rights of specific groups over the past ten years It also reflects that all human rights actors have born fruitful results of innovation in values,legal systems,paths for practice,and international cooperation of rights protection,which will continue to inspire and en courage people to participate in the common cause of human rights protection.展开更多
1. The International Protection of Women's Human Rights: Emergence of CEDAW For a long time, women's rights have been excluded from traditional discourse on human right. The traditional discourse on human rights ha...1. The International Protection of Women's Human Rights: Emergence of CEDAW For a long time, women's rights have been excluded from traditional discourse on human right. The traditional discourse on human rights has developed without considering its impact upon women. Transforming this discourse to a perspective that will consider the needs and vindications of women is absolutely essential.1 Although international efforts addressing women's issues presumed to be associated with women began in the nineteenth century, it was in the postwar period that such activity gained a coherent focus under the auspices of United Nations.展开更多
文摘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.
文摘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.
文摘Wan Exiang, professor of the Law School of Wuhan University, doubles as justice and vice-president of China's Supreme People's Court. He is also vice-chairman of the Revolutionary Committee of the Chinese Kuomintang, one of the democratic parties in China, and member of the Tenth National Committee of the Chinese People's Political Consultative Conference, China's highest consulting body. Prof. Wan is reputed in China and abroad for his achievements in study of international human rights laws and also as the founder of the Wuhan University Center for Protection of the Rights of the Underprivileged in Society, the first of its kind ever set up in the country. Since its founding a decade ago, the center has won a fame for the quality legal services it renders to needy people in their tens of thousands, including disabled people, juveniles, women and workers laid off from state-owned enterprises in the course of China's economic restructuring. While a press favorite at home, the center has received coverage by the NHK TV of Japan, Washington Post of the United States, Phoenix TV of Hong Kong and numerous other media outside the Chinese mainland. Following is an interview with Prof. Wan Exiang, in which he discussed how human rights are protected under China's legal system and in what ways the system should be improved.
文摘Since the 18th National Congress of the Communist Party of China (CPC), the system for the legal protection of human rignts under socialism with Chinese characteristics has experienced innowtive development. In particular, the Decision on Certain Key Issues on Comprehensively Deepening Reform, which was adopted by the Third Plenary Session of the 18th CPC Central Committee, has made major reform arrangements related to the system and mechanisms for the legal protection of human rights under socialism with Chinese characteristics. Taking the theoretical and practical innovations since the 18th CPC National Congress in the protection of human rights as its perspective, this, article discusses new realms and new highlights in the legal protection of human rights.
文摘December 2017 Contents PreambleⅠ.Improving the Legal Framework to Ensure Human RightsⅡ.Promoting Law-based Administration to Protect the Citizens’Lawful Rights and InterestsⅢ.Effectively Enhancing Judicial Protection of Human RightsⅣ.Consolidating Social Mechanisms for Legal Protection of Human RightsⅤ.Strengthening the CPC Leadership over Legal Protection of Human RightsⅥ.Actively Promoting the Development of Global Human Rights Under the Rule of Law
文摘The 16th National Congress of the Communist Party of China (CPC) held in 2003 set thetask of promoting the reform of China's judicial system, a task seen as of strategic importance to the country's development. Shortly afterwards, the CPC Central Committee set up the Leading Group for the Judicial System Reform (LGJSR).
文摘One. On the constitutional principle for human rights In March 2004, the Constitution of the People’s Republic of China was revised at the Second Session of the Tenth National People’s Congress (NPC). The clause that "The state shall respect and protect human rights" was written into the Constitution for the first time, thus making the policy of the Chinese government and the ruling Communist Party for respecting and protecting human rights a constitutional principle and the will of the people and the state. The revision means stronger protection for human rights in China, and it is meant to promote the development of the country’s human rights cause in its
文摘The 19;National Congress of the Communist Party of China established Xi Jinping’s socialist ideology with Chinese characteristics in a new era,and opened up a new era for the socialist construction with Chinese characteristics.This indicates the direction for China’s human rights cause to move towards a new era,which has laid
文摘Over the past 40 years of reform and opening up,the Party and the State have gained a richer and deeper understanding of human rights.In 1997,the 15;Communist Party of China National Congress Report put forward"respect for human rights".In 2004,the idea that"the State respects and protects human rights"was written into
文摘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.
基金the result of China Law Society’s 2022 ministerial-level legal research project entitled“The Role of Prosecuting Bodies in the Judicial Protection of Human Rights”[Project No.CLS(2022)XZX35]。
文摘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.
文摘On March 26,2023,a Seminar on Chinese Democracy and Human Rights Protection was held,jointly organized by the National Human Rights Education and Training Base and the Human Rights Research Center of Central South University under the guidance of the Chinese Society for Human Rights Studies.The event adopted a combination of online and offline channels.Over 30 experts and scholars from universities,research institutions,and practical departments across the country participated in extensive discussions on“Theoretical and Practical Aspects of Chinese Democracy and Protection of Human Rights.”The seminar aimed to focused on the essence,characteristics,advantages,and human rights implications of Chinese democracy and interpreted the concept of Chinese democracy and the protection of human rights through academic and theoretical methods.
文摘The protection of minority rights and the construction of a multi-ethnic country are two aspects of the same historical process. Language is one of the most prominent characteristics and symbols of an ethnic group. The diversity of languages is also the common wealth of the entire human race. Linguistic rights are an important part of the cultural rights of ethnic minorities. Recognizing and guaranteeing the rights of ethnic minorities to live, study, and work and to enjoy and develop their own culture and language is the significant contents of their rights. The Chinese government has always attached importance to the protection of cultural rights and other rights of ethnic minorities, including language rights. The Constitution of the People’s Republic of China, the National Regional Autonomy Law, and other laws and regulations as well as the National Human Rights Action Plan of China and other policy documents all have relevant provisions, which help to form a harmonious and diverse multi-ethnic development pattern.
基金the phased result of the research program“A Human Rights Dimension of the Xi Jinping Thought on the Rule of Law”undertaken by China Society for Human Rights Studies
文摘The founding of the Communist party of China,especially the founding of pRC and the establishment of the socialist system,opened a new chapter in the development of the Chinese women’s cause.The Communist party of China(CpC)and the Chinese government have a strong political will and a sense of political responsibility in realizing gender equality and protecting women’s rights.over the past 100 years,under the leadership of the CpC,the status of Chinese women has been fundamentally changed in the political and legal sense,and a historic breakthrough has been achieved.The development of the Chinese women’s cause has overcome many difficulties.In particular,after the launch of the reform and opening-up,on the basis of economic development,social progress,and continuous promotion of the rule of law,a set of legal protection systems for comprehensive protection of women’s rights have gradually been formed.The concept of social gender has provided new perspectives and approaches for China’s legal studies,and the process of gender mainstreaming in China has continued to deepen.China follows the socialist path of women’s cause with Chinese characteristics and continues to strengthen the legal protection of women’s rights in China,thereby making important contributions to the development of women in the world.
文摘The People's Republic of China Social Insurance Law (draft) has undergone three readings at the Standing Committee of the National People's Congress. The Law, once promulgated, will be of great significance to implementation of the constitutional principle of "respecting and protecting human rights." It will help regulate the various social insurance relationships and the rights and obligations of the parties involved.
文摘specific groups such as women,children,ethnic minorities,the elderly,and persons with disabilities are facing special difficulties in exercising their rights The protection of their rights is an important part of the development of China’s human rights cause The Annual Report on China’s Human Rights have outlined the tremendous achievements China has made in protecting the rights of specific groups over the past ten years It also reflects that all human rights actors have born fruitful results of innovation in values,legal systems,paths for practice,and international cooperation of rights protection,which will continue to inspire and en courage people to participate in the common cause of human rights protection.
文摘1. The International Protection of Women's Human Rights: Emergence of CEDAW For a long time, women's rights have been excluded from traditional discourse on human right. The traditional discourse on human rights has developed without considering its impact upon women. Transforming this discourse to a perspective that will consider the needs and vindications of women is absolutely essential.1 Although international efforts addressing women's issues presumed to be associated with women began in the nineteenth century, it was in the postwar period that such activity gained a coherent focus under the auspices of United Nations.