Improve Labor Contract System, Safeguard Lawful Rights and Interests of Laborers——An interview with Prof. Guan Huai of Law School of Renmin University of China

EDITOR＇S NOTE： The Draft Labor Contract Law of the People＇s Republic of China has been completed and was published for soliciting comments on March 20. In a short period of one month, 191,849 pieces of comments and opinions were received. Prior to the promulgation of the law, this reporter interviewed Mr. Guan Huai, a noted Chinese expert in labor law, professor of the Law School of the Renmin University of China and law advisor to the All-China Federation of Trade Unions.

On the Lawful Rights and Interests of Mentally Retarded Children——A case study of a rehabilitation center in Liaoning Province

Mentally retarded children are the most disadvan- taged among disabled children. Since the reform and opening up, with sup- port from the Communist Party of China, the government and the public, the legitimate rights and interests of mentally retarded children have greatly improved. But problems in this respect remain serious, and vari- ous levels of government, relevant departments and the public should attach much importance to these problems. This paper, taking a reha- bilitation center in Liaoning Province for mentally retarded children as a single case, studies the protection of these children＇s lawful rights and in- terests in a systematic manner.

The Challenges Posed by Autonomous Weapon Systems to Human Rights and Humanitarian Concerns and Relevant Legal Responses

By 2050,autonomous weapon systems may potentially replace humans as the main force on the battlefield,as per predictions.The development of autonomous weapon systems poses risks to human rights and humanitarian concerns and raises questions about how international law should regulate new technologies.From the perspectives of international human rights law and international humanitarian law,autonomous weapon systems present serious challenges in terms of invasiveness,indiscriminate killing,cruelty,and loss of control,which impact human rights and humanitarian principles.Against the backdrop of increased attention to the protection of human rights in China,it is necessary to clarify the existing regulatory framework and fundamental stance regarding autonomous weapon systems and proactively consider and propose countermeasures to address the risks associated with such systems.This will help prevent human rights and humanitarian violations and advance the timely resolution of this issue,which affects the future and destiny of humanity,ultimately achieving the noble goal of universal enjoyment of human rights.

The Development of Human Rights Protection in Cross-border Personality Rights and Tort Conflict Laws

Personality rights are basic rights related to human dignity in the concept of human rights protection,and respect for personality rights is the basic prerequisite for safeguarding other human rights.Human rights protection exerts a profound impact on the value of legislation and enforcement practices of private international laws in the field of cross-border personality rights infringement in various countries,which is mainly manifested in the integration of substantive justice and the humanistic care concept of protecting the rights of vulnerable groups into formal justice,and expands the development space of human rights protection ideas in cross-border personality rights and tort conflict laws.the diversity of human rights protection values determines that cross-border personality rights infringement may lead to conflicts between personality rights and other basic rights,such as freedom of speech.to reconcile such conflicts,a workable method is to prioritize personality rights protection in accordance with the hierarchy of rights theory in the value judgment of public order reservation or to clarify the limits of the right holder’s tolerance obligation through the limited application of the principle of proportionality.China’s current cross-border personality rights and tort conflict law can optimize the protection of the rights of vulnerable groups by diversifying the options of available legal methods,and establish a balancing mechanism between personality rights and freedom of speech,so as to improve China’s legal protection system for human rights in the field of foreign-related civil and commercial affairs.

Improvement of Legislation System of Protecting Women’s Rights and Interests in China——Taking the Amendment of the Law on the Protection of Women’s Rights and Interests as an Opportunity

The Law on the Protection of Women’s Rights and interests has been amended twice since it was promulgated 1992,and it has formed a relatively complete legislation system together with relevant laws and regulations,accumulating experience of judicial application in practice.In the current proposed amendment of the Law on the Protection of Women’s Rights and interests,the main issues that should be considered are:First,the legislative purpose of this law should be reviewed to clarify the three legislative positions of the Law on Women’s Rights and interests,in terms of protection,practice and foundation.Second,it is necessary to grasp whether the text content is appropriate and rectify any defects in the existing text.Third,it should explore how to reform and implement specific systems from the micro perspective to improve the specific systems of women’s personal,property,and social rights and interests.Fourth,it should strengthen the systematic interaction with other norms at different levels and implement the principle of gender equality stipulated in the Constitution of the People’s Republic of China.Fifth,attention should be paid to the necessity of invoking the Law in judicial practice,the possibility of operation and the effectiveness of enforcement.The proposed amendment of the Law on the Protection of Women’s Rights and interests should also sum up the experience of local legislation and judicial decisions and improve the quality of judicial application of the law so that is truly responds to the practical needs and challenges of the protection of women’s rights and interests and the implementation of gender equality in the new era.

The Formulation of Convention on the Rights of Older Persons:The Process and Prospects

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.

Southwest University of Political Science and Law Human Rights Education and Research Center

I. Overview 1. History The Southwest University of Political Science and Law devel- oped from the Southwest People＇s Revolutionary University, which was founded in 1950. Based on the former university and the law departments of Sichuan University, Chongqing University, Guizhou University, Yunnan University and Chongqing Finance and Economics College, the Southwest College of Political Science and Law was established.

Northwest University of Political Science and Law Human Rights Research and Education Center

I. Human Rights Education and Training 1. Overview The Northwest University of Political Science and Law is a diversified university, highlighting law as well as covering philosophy, economics, literature, management, art and engineering. It is an important base for training legal professionals as well as a center for legal education, research and information in Northwest China. The university, which was established 77 years ago and has trained undergraduate students for 56 years and graduate students for 35 years, is financially supported by the Shaanxi provincial govemment.

On the Positioning, Contents, and Methodology of Human Rights Law Study

The ideal model of human rights law studies shall be one that is open and comprehensive. On the basis of normative legal studies, it shall pay more attention to and respond to political, economic, and social development in a wide range of human rights issues. These studies should attempt to find practical solutions to concrete problems. Human rights law should be a relatively independent legal discipline, and it should be a problem-oriented object of study. Regarding the research methodologies, human rights law could encompass all aspects of legal studies, and go beyond legal them to some extent to encompass the influence of other disciplines.

The “Transcendental” Interpretation of the Concept of a Community with a Shared Future for Mankind: The Convention on the Rights of Persons with Disabilities and Its Implementation in China

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.

Notes on the Rule of Law and Human Rights in Chinese Traditional Culture

1. Introduction The role of law and human rights in Chinese traditional culture seem to be a real conundrum with misunderstanding and controversies. Some Western politicians and scholars who did not probably delve into and equip with related knowledge were apt to take an adverse stand. For example, Chris Pat-

A Summary of Views from the Symposium on “Comprehensively Advancing Rule of Law and China's Human Rights New Development”

The symposium on "Comprehensively Advancing Rule of Law and China's Human Rights New Development" was successfully held on April 11,2017 at Southwest University of Political Science and Law The symposium was organized by the China Society for Human Rights Studies and hosted by the Institute of Human Rights at Southwest University of Political Science and Law Representatives from the Commission of Legislative Affairs of the NPC Standing Committee,the Legislative Affairs Office of the State Council,the Ministry of Public Security,the Ministry of Justice,the Supreme People's Court,the Supreme People's Procuratorate and other relevant departments,and experts and scholars from human rights research institutes and colleges and universities conducted in-depth discussions and exchanged views on topics such as the "general theory of rule of law and human rights","scientific legislation and the progress of China's human rights cause","administration by law and the progress of China's human rights cause","judicial justice and the progress of China's human rights cause","concept of rule of law and the progress of China's human rights cause" among other issues

Practical Effects and Theoretical Significance of Enterprises’Human Rights Policies——Taking Fortune Global 500 as an Example

The United nations guiding Principles on Business and human Rights requires enterprises to formulate human Rights policies and specify criteria for content and form to fulfill their responsibilities in this area.Research into the human rights policies enacted by the Fortune global 500 enterprises in 2021 reveals aclearl trend and the great practical and theoretical significance of enterprises’human rights policies can be identified.In practice,the widespread application of international human rights norms to enterprises’human rights policies is becoming a universal corporate practice that incorporates both formulation and implementation mechanisms,but there are distinct differences in the application of international human rights norms by enterprises from different countries and industries.Meanwhile,the trend in applying these enterprises’human rights policies reveals a key theoretical significance,i.e.,the trend toward the privatization of human rights norms is breaking away from the theoretical basis of“public law”in the traditional international human rights law.The social norms,including international guidelines and industry norms,are being transformed into“hard law”;and the effect of domestic legislation on enterprises’responsibilities in human rights in other countries transcends national borders and suggests new theoretical possibilities for the extraterritorial extension of a country’s legal will.While enterprises’human rights policies may have become customary rules for international business,there are still many limitations and challenges to their application,which may also pose limitations to their practical effects and theoretical significance.Recommendations are made in the hope that the Chinese government and enterprises will pay attention to the significance of enterprises’human rights policies and improve their understanding and application of the policies to promote global human rights governance in a more equitable,just,reasonable,and inclusive direction.

East China University of Political Science and Law Human Rights and Humanitarian Law Research Center

I. Introduction The Human Rights and Humanitarian Law Research Center at the East China University of Political Science and Law was established in December 2006, with public international law experts as its core. The center is administered by the International Law School at the East China University of Political Science and Law.

Tian Qiyu: Enforce Law for People and Human Rights

Editor's Note: In recent years, China's public security organs have firmly implanted the idea of enforcing the law in the interests of the people and adhered to the principle of enforcing the law strictly, impartially and in a civilized manner and dealing flows at all kinds of criminal activities. They have achieved fruitful results in protecting the lawful rights and interests of the people and in safeguarding and protecting human rights. To know such achievements, our staff reporter interviewed Tian Qiyu, executive vice-minister of public security.

Human Rights and Humanitarian Law Research Center Peking University Law School

In order to implement the stipulation in the National Human Rights Action Plan （2012-2015） requiring the addition of no less than five national human rights education and training bases by 2015, the appraisal and selection meeting for the second group of national human rights education and training bases was held on March 17, 2014 in Beijing.

Advocating Human Rights Protection by Rule of Law, Supporting Human Rights Undertaking with a Giant Hand——Deep Condolences to Dear Former President Luo Haocai

Chairman Luo Haocai served as the president of CSHRS from 2007 to 2016.During those nine years, he built deep friendships with researchers on human rights.Because President Luo served as vice chairman of the National Committee of CPPCC for a long time, we were used to calling him "Chairman Luo." Chairman Luo was a leader with strategic and overall awareness, a scholar-official, an elder with a young mentality, and a motivator and protector of young people.

Human Rights Education in the Perspective of International Human Rights Law

In a statement issued on the 2004 World Human Rights Day, Ms. Louse Arbour, United Nations High Commissioner for Human Rights, described human rights education as a strategy for attainment of ＂human rights for all,＂ as a basic means for developing a universal culture of human rights, as an instrument for promoting equality and involvement of the people in decision-making under democratic mechanisms, and as an investment to prevent infringements upon human fights and to ward off conflicts of violence. It should be noted that so much importance attached by UN human rights organ to human rights education epitomizes the empowering characters of human rights education and the functions it performs in the global human rights system.

Legal Guarantee for the Elderly’s Right to Work——A Comparative Analysis Based on Age Discrimination in the Employment Act

In the context of the deepening of the population aging,many countries have begun to rectify age discrimination in labor and employment to ensure that the elderly enjoy equal and adequate right to work.In accordance with relevant laws and regulations,the legal norms of age discrimination in employment are highly similar in different countries.Yet,there are differences in exemption clauses and legal relief.So far,three major regulatory modes have taken shape respectively in the United States,europe and Japan.China still lags behind in legislation against age discrimination in employment,so extraterritorial governance experiences should be taken for reference to promote relevant legislation based on intergenerational solidarity and cooperation in a timely manner,so as to provide a legal guarantee for the elderly on the right to work and the handling of population aging.China should also use human rights discourse to summarize and express its own solutions and take an active part in the process of signing the international instruments on human rights specialized for the elderly.

China's Employment Promotion Law Guarantees Right to Employment

China＇s legislature is soliciting comments and suggestions to the draft of Employment Promotion Law as an endeavor to democratize its process of legislation. Up to April 25 the National People＇s Congress had received over 11,000 items of comments and suggestions.