Environmental personality interests based on human rights reflect the multiple values of ecological order,ecological justice,and ecological freedom,and are closely linked to the protection of the right to life and the...Environmental personality interests based on human rights reflect the multiple values of ecological order,ecological justice,and ecological freedom,and are closely linked to the protection of the right to life and the right to health.They are also related to human dignity and the personal freedom of civil subjects and conform to formal and essential standards of personality rights,which should be included in the scope of personality rights for protection.The construction and application of environmental personality rights faces bottlenecks such as the partiality of subjects,limitation of objects,and hysteresis of responsibilities in the protection of environmental personality rights.Environmental personality rights are supposed to reflect the needs of the development of modern human rights.We should expand the scope of its connotative power and function based on the Green Principle of the Civil Code,and follow a networked,typified,and systematic path of protection,so as to manifest the people-centered philosophy of the Civil Code and the Environmental Protection Law.展开更多
The principle of the best interests of the child,as a criterion for substantive review,is conceptually ambiguous and uncertain in its application.To mitigate this dilemma in the application of the principle of the bes...The principle of the best interests of the child,as a criterion for substantive review,is conceptually ambiguous and uncertain in its application.To mitigate this dilemma in the application of the principle of the best interests of the child,the European Court of Human Rights(ECHR)has made a procedural transition in the interpretation and application of this principle,shifting from conducting specific proportionality analysis or interests balancing in cases related to children to examining whether States Parties have applied the principle of the best interests of the child in their judicial procedures.Moreover,ECHR has developed three procedural review schemes:holistic reviews,key factors-based reviews and factor list-based reviews.Compared with substantive reviews,procedural reviews adhere to the ECHR doctrine of margin of appreciation,restrict the free discretion of the court,give play to the effect of procedural autonomy,and pursue the value of subjective procedural justice,which has its own unique theoretical value and practical significance,and provides a feasible reference for China to interpret and apply the principle of the best interests of the child.展开更多
基金staged research result of the major project of the MOE Humanities and Social Sciences Project Base“Research on the Human Rights Value Connotation and Legal Guarantee in Xi Jinping’s Thought on Ecological Civilization”(Project Approval No.21JJD820007)+1 种基金the staged research result of the major project of the National Social Science Fund of China“Research on Establishing and Improving the Property Rights System for Natural Resource Assets”(Project Approval No.22ZDA109),aiming to study and interpret the spirit of the Sixth Plenary Session of the 19th CPC Central Committee。
文摘Environmental personality interests based on human rights reflect the multiple values of ecological order,ecological justice,and ecological freedom,and are closely linked to the protection of the right to life and the right to health.They are also related to human dignity and the personal freedom of civil subjects and conform to formal and essential standards of personality rights,which should be included in the scope of personality rights for protection.The construction and application of environmental personality rights faces bottlenecks such as the partiality of subjects,limitation of objects,and hysteresis of responsibilities in the protection of environmental personality rights.Environmental personality rights are supposed to reflect the needs of the development of modern human rights.We should expand the scope of its connotative power and function based on the Green Principle of the Civil Code,and follow a networked,typified,and systematic path of protection,so as to manifest the people-centered philosophy of the Civil Code and the Environmental Protection Law.
文摘The principle of the best interests of the child,as a criterion for substantive review,is conceptually ambiguous and uncertain in its application.To mitigate this dilemma in the application of the principle of the best interests of the child,the European Court of Human Rights(ECHR)has made a procedural transition in the interpretation and application of this principle,shifting from conducting specific proportionality analysis or interests balancing in cases related to children to examining whether States Parties have applied the principle of the best interests of the child in their judicial procedures.Moreover,ECHR has developed three procedural review schemes:holistic reviews,key factors-based reviews and factor list-based reviews.Compared with substantive reviews,procedural reviews adhere to the ECHR doctrine of margin of appreciation,restrict the free discretion of the court,give play to the effect of procedural autonomy,and pursue the value of subjective procedural justice,which has its own unique theoretical value and practical significance,and provides a feasible reference for China to interpret and apply the principle of the best interests of the child.
