The International Covenant on Civil and Political Rights reflects the world’s perception of human rights, and is of vital importance in the field of international human rights. The Covenant has been signed by Chinese...The International Covenant on Civil and Political Rights reflects the world’s perception of human rights, and is of vital importance in the field of international human rights. The Covenant has been signed by Chinese government. Although not ratified yet, it will definitely have an impact on the reform of China’s Criminal Law. Therefore, it is necessary to further change our notion of the criminal law system by defining the boundary between public power and civil rights and developing the view of human rights protection. In terms of the specific system, it is necessary to further reduce the number of crimes punishable by the death penalty and limit the application of the death sentence, improve China’s Criminal Procedural Law to protect the fundamental rights of suspects and defendants in terms of compulsory measures, investigation means and judicial form, and add some charges like enslavement and illegal human experimentation, which are criminalized around the world, so as to be in line with the requirements of international human rights protection.展开更多
There has been much discussion in the recent decade on the universality or particularity or relativism or on the relations between the universal values and standard systems and cultural diversity or pluralism. But mos...There has been much discussion in the recent decade on the universality or particularity or relativism or on the relations between the universal values and standard systems and cultural diversity or pluralism. But most of the discussions are concentrated on the abstract or conceptual terms, with few touching upon international human fights standards. This is strange, because the disputes will never end and it is impossible to arrive at any conclusions of value if discussions only focus on the different concepts and systems of different countries or civilizations instead of on what has been universally accepted or at least on the international human rights treaties and the customary international human rights laws that are binding to the great number of state parties.展开更多
The modernization of state governance and innovation in governing measures will strengthen the protection of human rights in China, including civil and political rights. Firstly, legal control over public power will r...The modernization of state governance and innovation in governing measures will strengthen the protection of human rights in China, including civil and political rights. Firstly, legal control over public power will reduce arbitrary restrictions on civil rights. Secondly, public participation in policy-making will provide more opportunities for citizens to exercise their political rights. Thirdly, governing by law will better guarantee equal protection of law for all people. Fourthly, an effective accountability mechanism will reinforce people's right of supervision. Lastly, innovation in governing measures will help identify and satisfy citizens' demands.展开更多
International migration mainly happens between the North and the South Mig rant workers have made important contributions to the inclusive growth and sustainable development of world economy, but their human rights a...International migration mainly happens between the North and the South Mig rant workers have made important contributions to the inclusive growth and sustainable development of world economy, but their human rights are often violated In recent years, frequent extreme terrorists attacks and large-scale refugee influxes have triggered anti-for eign sentiment and policies in developed countries, which expose migrant workers to an unprecedented human rights crisis The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families is an important convention adopted by the United Nations that specially protects human rights of migrant workers However, as the convention has not been ratified by major developed countries where most migrant workers seek employment, the protection regime has an empty shell Developing countries where most migrant workers originate from should strengthen cooperation among themselves and urge developed countries to fulfill the duty of human rights protection by normalizing the status of migrant workers and that of members of their families in employment countries and ratifying the convention as soon as possible.展开更多
This article briefly outlines how anti-terrorism struggles became linked and their relationship thereafter with human rights issues in international political life. With equal relevance and value to human development,...This article briefly outlines how anti-terrorism struggles became linked and their relationship thereafter with human rights issues in international political life. With equal relevance and value to human development, anti-terrorism efforts and human rights protection are themselves not mutually exclusive or contradictory. Their conflict in everyday life has sometimes resulted from the fact that they are both manipulated in the service of certain political ends. What's more, there has never been p erfect human rights protection in the world so far, which often makes human rights problems an easy charge against almost every government. No anti-terrorist activities in either the US or Europe have been really constrained by the idea of human rights no matter how beautiful their rhetoric has been. Now both human rights and anti-terrorism have been made into a tool of diplomacy and international politics. With the war in Afghanistan over, the United States is enhancing its human rights diplomacy together with its anti-terrorism diplomacy. Truly efficient, comprehensive international cooperation on anti-terrorism is still far away.展开更多
The concept of a Community with a Shared Future for Mankind provides new theoretical support for the special protection of the rights of persons with disabilities. The Convention on the Rights of Persons with Disabili...The concept of a Community with a Shared Future for Mankind provides new theoretical support for the special protection of the rights of persons with disabilities. The Convention on the Rights of Persons with Disabilities is innovative in terms of its purposes and principles, logic and technology, and the actual implementation of the contracting parties, which is unique in the field of international human rights law. It is a "transcendental" interpretation of the concept of a community with a shared future for mankind and enhances the ethical values of international human rights law. The development of the cause of persons with disabilities in China is positively influenced by the values reflected in the concept of a community of shared Future for mankind and meanwhile highlights them, which provides "Chinese experiences" for the international cause of persons with disabilities.展开更多
Since its establishment,the United nations open-ended Working group on aging has shouldered the historical mission of exploring the“possibilities”and even laying the“foundation”for a Convention on the Rights of ol...Since its establishment,the United nations open-ended Working group on aging has shouldered the historical mission of exploring the“possibilities”and even laying the“foundation”for a Convention on the Rights of older Persons.Although the formulation of a convention on the protection of the rights of older persons has been widely supported by the general public and many countries,it still faces many problems.China should adhere to the combination of“human rights”and“development”and adjust its policies to adapt to the new changes in related fields.With successful case studies,concise expression of rights,and regional contracting practice,China could participate more fully in the reform of the international mechanism for the protection of the rights of older persons to improve the voice in future international human rights governance and make greater contributions to the protection of the rights of older persons worldwide.展开更多
On the advent of the "International Human Rights Day" on Dec. 10, 2007, our staff reporter Interviewed Research Fellow Mo Jihong of the Chinese Academy of Social Sciences on how the international human rights conven...On the advent of the "International Human Rights Day" on Dec. 10, 2007, our staff reporter Interviewed Research Fellow Mo Jihong of the Chinese Academy of Social Sciences on how the international human rights conventions are implemented in China. Born in May 1965, Mo Jihong is a native of Jingjiang, Jiangsu Province. He is a research fellow at the Law Institute of the Chinese Academy of Social sciences and a tutor for Ph.D candidates in the International Human Rights Law. He also serves as an executive member of the Society for International Constitution Studies and vice-president of the Constitution Chapter of the China Society of Law. He was a visiting scholar at the Human Rights Institute of Norway, and the Raoul Wallenberg Institute of Human Rights and Humanitarian Law. His principal works include International Human Rights Convention and China (2005), Principles of Constitutional Sciences in Practice (2007) and In Defense of Legislation (2007). He was elected as one of the ten most outstanding young jurists in China. The following is the full text of the interview:展开更多
The paths for applying the international human rights conventions in China should be recognized as follows: On the premise of respecting the Constitution of China, systematic human rights which could coordinate the re...The paths for applying the international human rights conventions in China should be recognized as follows: On the premise of respecting the Constitution of China, systematic human rights which could coordinate the relationship between the Constitution of China and international human rights conventions. The source of the human rights legislation obligations of the legislative organs of China is the Constitution of China, not the international human rights conventions. The legislature should understand and grasp the main contents of the human rights legislation obligations of the legislature according to Paragraph 3 of Article 33 of the Constitution while the interpretation of this clause must be based on the relevant provisions of the international human rights conventions. Human rights legislative obligations of the legislature can be classified into two types: legislative protecting obligations and legislative relief obligations of human rights. The NPC and its Standing Committee should be structurally responsible for the human rights legislation obligation, and the State Council and other organs of the State not for the legislation protection of human rights. A special human rights law should be enacted by the NPC.展开更多
The legal confirmation process of women’s human rights has been undergoing great difficulties both in the United Nations and among nations. The Fourth World Conference on Women plays a role in promoting the legal pro...The legal confirmation process of women’s human rights has been undergoing great difficulties both in the United Nations and among nations. The Fourth World Conference on Women plays a role in promoting the legal protection of women’s human rights. Currently, the protection of women’s human rights has undoubtedly become the consensus of both international and domestic law. International conventions on human rights have become an important launching area for promoting international law on women’s human rights, owing to its legal binding force and supervising mechanism established under it. Domestic law has also become the first line of defense for protecting women’s human rights. However, it needs to be pointed out that, for international conventions on human rights and domestic legislation, the cognition and acceptance of social gender conception has not only promoted changes on forms, but, more importantly, on revolution at substantial level.展开更多
文摘The International Covenant on Civil and Political Rights reflects the world’s perception of human rights, and is of vital importance in the field of international human rights. The Covenant has been signed by Chinese government. Although not ratified yet, it will definitely have an impact on the reform of China’s Criminal Law. Therefore, it is necessary to further change our notion of the criminal law system by defining the boundary between public power and civil rights and developing the view of human rights protection. In terms of the specific system, it is necessary to further reduce the number of crimes punishable by the death penalty and limit the application of the death sentence, improve China’s Criminal Procedural Law to protect the fundamental rights of suspects and defendants in terms of compulsory measures, investigation means and judicial form, and add some charges like enslavement and illegal human experimentation, which are criminalized around the world, so as to be in line with the requirements of international human rights protection.
文摘There has been much discussion in the recent decade on the universality or particularity or relativism or on the relations between the universal values and standard systems and cultural diversity or pluralism. But most of the discussions are concentrated on the abstract or conceptual terms, with few touching upon international human fights standards. This is strange, because the disputes will never end and it is impossible to arrive at any conclusions of value if discussions only focus on the different concepts and systems of different countries or civilizations instead of on what has been universally accepted or at least on the international human rights treaties and the customary international human rights laws that are binding to the great number of state parties.
文摘The modernization of state governance and innovation in governing measures will strengthen the protection of human rights in China, including civil and political rights. Firstly, legal control over public power will reduce arbitrary restrictions on civil rights. Secondly, public participation in policy-making will provide more opportunities for citizens to exercise their political rights. Thirdly, governing by law will better guarantee equal protection of law for all people. Fourthly, an effective accountability mechanism will reinforce people's right of supervision. Lastly, innovation in governing measures will help identify and satisfy citizens' demands.
文摘International migration mainly happens between the North and the South Mig rant workers have made important contributions to the inclusive growth and sustainable development of world economy, but their human rights are often violated In recent years, frequent extreme terrorists attacks and large-scale refugee influxes have triggered anti-for eign sentiment and policies in developed countries, which expose migrant workers to an unprecedented human rights crisis The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families is an important convention adopted by the United Nations that specially protects human rights of migrant workers However, as the convention has not been ratified by major developed countries where most migrant workers seek employment, the protection regime has an empty shell Developing countries where most migrant workers originate from should strengthen cooperation among themselves and urge developed countries to fulfill the duty of human rights protection by normalizing the status of migrant workers and that of members of their families in employment countries and ratifying the convention as soon as possible.
文摘This article briefly outlines how anti-terrorism struggles became linked and their relationship thereafter with human rights issues in international political life. With equal relevance and value to human development, anti-terrorism efforts and human rights protection are themselves not mutually exclusive or contradictory. Their conflict in everyday life has sometimes resulted from the fact that they are both manipulated in the service of certain political ends. What's more, there has never been p erfect human rights protection in the world so far, which often makes human rights problems an easy charge against almost every government. No anti-terrorist activities in either the US or Europe have been really constrained by the idea of human rights no matter how beautiful their rhetoric has been. Now both human rights and anti-terrorism have been made into a tool of diplomacy and international politics. With the war in Afghanistan over, the United States is enhancing its human rights diplomacy together with its anti-terrorism diplomacy. Truly efficient, comprehensive international cooperation on anti-terrorism is still far away.
文摘The concept of a Community with a Shared Future for Mankind provides new theoretical support for the special protection of the rights of persons with disabilities. The Convention on the Rights of Persons with Disabilities is innovative in terms of its purposes and principles, logic and technology, and the actual implementation of the contracting parties, which is unique in the field of international human rights law. It is a "transcendental" interpretation of the concept of a community with a shared future for mankind and enhances the ethical values of international human rights law. The development of the cause of persons with disabilities in China is positively influenced by the values reflected in the concept of a community of shared Future for mankind and meanwhile highlights them, which provides "Chinese experiences" for the international cause of persons with disabilities.
文摘Since its establishment,the United nations open-ended Working group on aging has shouldered the historical mission of exploring the“possibilities”and even laying the“foundation”for a Convention on the Rights of older Persons.Although the formulation of a convention on the protection of the rights of older persons has been widely supported by the general public and many countries,it still faces many problems.China should adhere to the combination of“human rights”and“development”and adjust its policies to adapt to the new changes in related fields.With successful case studies,concise expression of rights,and regional contracting practice,China could participate more fully in the reform of the international mechanism for the protection of the rights of older persons to improve the voice in future international human rights governance and make greater contributions to the protection of the rights of older persons worldwide.
文摘On the advent of the "International Human Rights Day" on Dec. 10, 2007, our staff reporter Interviewed Research Fellow Mo Jihong of the Chinese Academy of Social Sciences on how the international human rights conventions are implemented in China. Born in May 1965, Mo Jihong is a native of Jingjiang, Jiangsu Province. He is a research fellow at the Law Institute of the Chinese Academy of Social sciences and a tutor for Ph.D candidates in the International Human Rights Law. He also serves as an executive member of the Society for International Constitution Studies and vice-president of the Constitution Chapter of the China Society of Law. He was a visiting scholar at the Human Rights Institute of Norway, and the Raoul Wallenberg Institute of Human Rights and Humanitarian Law. His principal works include International Human Rights Convention and China (2005), Principles of Constitutional Sciences in Practice (2007) and In Defense of Legislation (2007). He was elected as one of the ten most outstanding young jurists in China. The following is the full text of the interview:
文摘The paths for applying the international human rights conventions in China should be recognized as follows: On the premise of respecting the Constitution of China, systematic human rights which could coordinate the relationship between the Constitution of China and international human rights conventions. The source of the human rights legislation obligations of the legislative organs of China is the Constitution of China, not the international human rights conventions. The legislature should understand and grasp the main contents of the human rights legislation obligations of the legislature according to Paragraph 3 of Article 33 of the Constitution while the interpretation of this clause must be based on the relevant provisions of the international human rights conventions. Human rights legislative obligations of the legislature can be classified into two types: legislative protecting obligations and legislative relief obligations of human rights. The NPC and its Standing Committee should be structurally responsible for the human rights legislation obligation, and the State Council and other organs of the State not for the legislation protection of human rights. A special human rights law should be enacted by the NPC.
文摘The legal confirmation process of women’s human rights has been undergoing great difficulties both in the United Nations and among nations. The Fourth World Conference on Women plays a role in promoting the legal protection of women’s human rights. Currently, the protection of women’s human rights has undoubtedly become the consensus of both international and domestic law. International conventions on human rights have become an important launching area for promoting international law on women’s human rights, owing to its legal binding force and supervising mechanism established under it. Domestic law has also become the first line of defense for protecting women’s human rights. However, it needs to be pointed out that, for international conventions on human rights and domestic legislation, the cognition and acceptance of social gender conception has not only promoted changes on forms, but, more importantly, on revolution at substantial level.