Analysis of Hidden Danger in Farmer's Rights and Interests during Farmland Transfer——An Evaluation of Rights Safeguarding Effect of Farmland Transfer Contract

Taking Shuangliu County,Chengdu City,China as an example,evaluation index system for the rights protection effects of farmland transfer is established contract from three aspects of basic information,transfer agreement and legal safeguards in the contracts.According to the investigation data,weight of evaluation index is determined by both entropy weight and Analytic Hierarchy Process.Comprehensive index method is used to evaluate the rights protection effects of farmland transfer contract in the flat dam,high hill and low hill in Shuangliu County,Chengdu,China.Result shows that the transfer agreement of farmland and the basic information of contract greatly affect the rights protection effects of farmland transfer contract.There are differences in the five indices of the information of the signature of contract,pricing for payment,time limit for farmland transfer,transfer mode of farmland,and use range of farmland transfer.During the farmland transfer in reality,there are three hidden dangers in farmer's land rights and interests,which are the ill-formed transfer behavior,the relatively low income of farmers from farmland transfer,and the quality decline of farmland and difficult full reclamation in transfer period.Based on the evaluation result and investigation data,countermeasures are put forward to improve the rights protection effects of farmland transfer contract.

Safeguarding Farmer Workers' Rights and Interests——An interview with Ye Jingyi, professor of Beijing University Law School

Farmer workers are a new powerful workforce that has sprung up amid China＇s reform and door opening and in the process of the country＇s industrialization and urbanization. They have made great contributions to urban prosperity, rural development and their country＇s modernization. At present, however, farmer workers face numerous difficulties and problems in income, work safety, social security, vocational training, the schooling of their children and living conditions. To safeguard the legitimate rights and interests of farmer workers, the State Council in March 2006 issued Ideas of the State Council on Solving Farmer Workers-related Problems. In the document, the State Council promises to strengthen and improve leadership over work regarding farmer workers and prioritize the solving of farmer workers-related problems.

Seeking a Common Platform for Safeguarding Women’s Rights and Interests

＂Women＇s rights and interests are human rights＂ is now a concept accepted by all. The power of the law now safeguards the rights and interests of women. Recalling efforts in recent years to safeguard women＇s rights and interests, we cannot but feel gratified to know that we have made great progress.

Blue Paper on the Role of Chinese Trade Unions in Safeguarding the Legitimate Rights and Interests of Workers 2004 (Excerpt)

During the course of 2004, the Chinese trade unions earnestly implemented their strategy of ＂Organizing for Better Protection,＂ steppedup efforts to regulate industrial relations, effectively defended the legitimate rights and interests of workers.

Blue Paper on the Role of Chinese Trade Unions in Safeguarding the Legitimate Rights and Interests of Workers (2005)(Excerpt)

EDITOR＇S NOTE： All China Federation of Trade Unions （ACFTU） has recently published Blue Paper on the Role of Chinese Trade Unions in Safeguarding the Legitimate Rights and Interests of Workers （2005）, which consist of 11 parts： preserve the correct orientation of Chinese trade unions as a protector of workers＇ legitimate rights and interests; protect workers＇ right to join and form trade union; organize and represent workers to exercise the right to equal consultation; protect workers＇ labor and economic rights; guarantee workers＇ democratic and political rights; fulfill workers＇ spiritual and cultural needs; actively participate in adjusting labor relations and handling labor disputes; protect migrant workers＇ legitimate rights and interests; promote gender equality and protect women workers＇ special rights and interests; take innovations in the way trade unions protect workers; and mobilize and organize workers to play the role of the working class as the main force in economic construction, and the following is an abstracted edition of it.

Safeguarding and Promoting Human Rights and Building a Harmonious World

It is the common wish of the people from all over the world as well as the inexorable demand for the progress of human society to build a harmonious world of lasting peace and common prosperity. Many preconditions are indispensable for building a harmonious world, one of which is to abide by the intemational laws on human rights and safeguard and promote human rights.

Migrant Workers' Lack of Cultural Rights and Interests and Government Safeguard Measures

This paper analyses the status quo of migrant workers' lack of cultural rights and interests as follows:the holistic cultural life of migrant workers is scant and monotonous;the cultural facilities provided by the majority of enterprises are critically short;the cultural life of migrant workers has the characteristic of closeness to some extent;the holistic cultural consuming capacity of migrant workers is very low,and they are not satisfied with their own cultural life.This paper puts forward the measures that the government should adopt to make up for the lack of migrant workers' cultural rights and interests as follows:first,it should eliminate discrimination in terms of system,and incorporate migrant workers' cultural rights and interests into the building scope of urban public culture;second,it should establish a variety of free public culture facilities,to adapt to the needs of migrant workers;third,it should formulate various kinds of laws and regulations,to effectively safeguard migrant workers' cultural rights and interests.

Human Rights and Cultural Diversity: Evolving Dynamics of Universality and Relativism——Safeguarding the rights of others is the most noble and beautiful end of a human being～Khalil Gibran

1. Introduction Culture is a defining feature of an individual＇s identity. It embraces everything from the traditions, beliefs and values of an individual＇s family and community. It is also the language one speaks, and place of worship. Culture is all of these elements and the way they connect to make up one＇s way of life. It is often the source for serf-definition, expression, and sense of group belonging.

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.

“Take People First,” Respect and Safeguard Human Rights——An interview with Professor Xu Chongde, constitution expert

The Second Session of the 10th National People’s Congress adopted the fourth amendment to the current Constitution of China and adopted 14 amendments to the country’s fundamental law. Professor Xu Chongde, a

Safeguarding the Disabled from the Perspective of International Human Rights

Human rights is one of the major issues of common concern to contemporary international society, andis also one of the basic values indispensable to China＇s cause of ruling by law.

Poverty Eradication and Human Rights Safeguards:China's Progress and Reflections

During the process of human rights protection worldwide, poverty is increasingly attracting attentions from the international community. Whether the right of getting out of poverty can be regarded as a basic human right is still undetermined, at least it has become an unavoidable focus in the human rights area. In the article, I plan to discuss the significance of poverty eradication to human rights protection, review the efforts and achievements China has made in this regard and analyze, examine and introspect the existing problems.

Achievements in Safeguarding Disabled People's Rights——An Interview with Shen Zhifei,deputy general director of the China Disabled Persons' Federation

There are about 83 million disabled people in China, accounting for 6.34% of the total population, according to a national survey in 2006. As a disadvantaged group, the rights and interests of the disabled are arousing more concerns from all walks of society in the country. Following is Human Rights＇ interview with Shen Zhifei, deputy general director of the China Disabled Persons＇ Federation, on the legal guarantee of the special group＇s rights and interests, their rehabilitation, education and employment.

劳动权益保障、政府信任与高龄农民工的城市融合

基于调研数据,本文考察了劳动权益保障对高龄农民工城市融合的影响机制。实证结果显示,工资拖欠、工伤纠纷、劳动合同纠纷等劳动权益受损事件均会显著影响高龄农民工城市融合程度。对劳动权益纠纷解决过程的进一步考察发现:第一,劳动权益受损事件发生后,当高龄农民工对维权过程解决较为满意时,其城市融合程度显著高于没有发生过劳动权益纠纷者;第二,政府部门主导解决劳动权益纠纷对高龄农民工城市融合具有一定的“放大效应”。当高龄农民工对维权解决过程满意时,解决过程中的政府干预会显著提高其城市融合程度;当其对维权解决过程不满意时,解决过程中的政府干预反而使其城市融合程度下降的幅度更大。因此,本文认为应健全源头预防,杜绝劳动权益纠纷事件发生;建立农民工劳动权益保护协调机制;强化政府责任意识,属地监管、多部门协同,发挥政府在高龄农民工劳动权益保障工作中的积极作用。

新媒介使用与农民工权益表达——一个有调节的中介效应模型

通过对北京、上海、广州、湖南等省市农民工的调查研究,探索新媒介使用、权益认知、权益损害程度及维权效能感等因素和农民工权益表达之间的影响关系。研究发现:新媒介使用虽能直接影响权益表达,但效果有限,权益认知和权益损害程度等因素在新媒介使用影响权益表达过程中起到中介作用。新媒介使用通过权益认知和权益损害程度影响权益表达的中介过程受到维权效能感的调节作用:较高的维权效能感在权益认知和权益损害程度中介路径上起正调节作用;较低的维权效能感只在权益损害程度中介路径上起正调节作用;维权效能感在新媒介使用直接影响权益表达路径上调节作用不明显。

中国人权知识体系的理论探索与实践追求——论李步云人权学科建设思想

李步云是中国社会科学院荣誉学部委员、“全国杰出资深法学家”,被誉为“敢开第一腔的法学家”,被尊为“法治三老”之一,最早倡导依法治国和保障人权。谈到依法治国,无法绕开李步云,而发展当代中国人权学科更是无法绕开李步云。“一个中心、两个结合”是李步云推动人权学科发展的基本思路,即以人权研究机构建设为中心,坚持人权研究与人权教育相结合,坚持人权法学与人权一级学科相结合。李步云提出的“五个倡导、五个奠基”是当代中国人权学科发展的集中体现和重要成就。首先,倡导人权基础理论研究,建构中国特色人权理论体系,充分彰显当代中国人权观的核心意涵,为发展人权学科奠定理论基础。其次,倡导人权教育,建言成立国家人权教育与培训基地,传播和弘扬当代中国人权观,为发展人权学科奠定教育基础。再次,倡导人权法学,阐释和传播当代中国人权法治观,依法保障人权,为当代中国人权法治建设奠定学科基础。复次,倡导人权一级学科,阐释和传播人类命运共同体的人权理念,即人类命运共同体就是人权共同体,为全球人权治理改革奠定学科基础。最后,倡导“求实”“创新”“严谨”“宽容”的治学“八字经”,为发展人权学科奠定方法论基础。总之,李步云为推动当代中国人权学科发展而提出的“一个中心、两个结合”“五个倡导、五个奠基”已经成为当代中国人权知识体系的重要内涵,不仅影响了当代中国人权学科的形成与发展,而且对当代中国人权事业的发展进步影响深远。

徐玲治疗风湿寒性关节痛用药规律分析

目的:通过数据挖掘方法,总结、提炼名医徐玲治疗风湿寒性关节痛的用药规律。方法:通过用数据挖掘方法分析徐玲治疗风湿寒性关节痛处方,探索名医徐玲治疗风湿寒性关节痛的用药规律及相关学术经验。结果:最终结果统计出名医徐玲一定时间段所涉及到的证型以风湿痹阻证、脾肾亏虚证、风寒阻络证为多,涉及中药有95味,其中频次超过20次的中药为桂枝、白芍、黄芪、甘草、当归、独活、防风等;四气五味统计出温性药物居多;药味统计以辛、甘味最多;药物归脾、肝两经居多;药物功效以补虚类药物使用频次最多,其次为祛风湿药、解表药等;通过关联规则可以看出强连接数的药对有16对;运用聚类分析结果可以得出治疗风湿寒性关节痛的核心处方3个。结论:徐玲治疗风湿寒性关节痛用药分析后得出,以补脾益肾,柔肝止痛,祛邪除痹为治疗原则,体现“祛邪守中”的治疗理念。

环境侵权禁止令的理论阐释与程序建构

法院以行为保全的形式发布环境侵权禁止令的做法得到了司法解释的肯认,却难以真正实现禁止令的功能目标。明确禁止令程序属性的理论前提是厘清环境权的运行逻辑。禁止令的实践困境在一定程度上反映出其制度效能不高,原因在于行为保全与禁止令的混淆忽略了二者的本质区别,不能满足生态环境预防性保护的现实需求。环境侵权禁止令的程序路径是略式程序,遵循环境权预防性保护的底层逻辑,省略法官实质审理的环节,迅速作出执行名义,最终目的在于实现紧急情况下生态环境的预防性保护。环境侵权行为大多损害社会公共利益,禁止令程序规则的建构应符合公共利益保护的要求,同时赋予被申请人最低限度的程序保障。

关于快速消费品实现知识产权快速保护的探讨

快速消费品研发周期短、市场转化速度快,我国外观设计专利制度中存在保护空窗期,恶意竞争者利用保护空窗期大量模仿、抄袭、制造创新企业的智力成果,而创新企业基于目前的专利保护制度无法维护自身权利。文章一是探讨通过著作权法中对美术作品的保护是否能对保护空窗期形成补充保护,二是希望通过对外观设计专利目前的保护制度进行探讨,引起业界人士一同关注、探讨,在未来我国外观设计专利制度改革中,针对目前所存在的法律问题能否采取相应措施进行弥补,从法律层面进一步提升外观设计专利在快速消费品市场中的保护作用。

Family Planning Policy Safeguards & Promotes Human Rights in China

China has effectively curbed the excess growth of its population in recent years, and this represents a change of historical importance in its population reproduction. Thanks to this success, the Chinese people's health has significantly improved. Following is the full text of an interview by our staff reporter with Zhang Weiqing, minister in charge of the State Population and Family Planning Commission. We hope it will help our readers acquire a better understanding of how China's family planning policy has helped safeguard and promote human rights in the country and the world.