New Progress in the Judicial Protection of Human Rights in China

Foreword Respecting and protecting human rights is a constitutional principle in China.It also reflects the will and pursuit of the Communist Party of China(CPC),the Chinese government and the Chinese people.The judiciary is the last line of defense to safeguard social fairness and justice,and judicial protection of human rights is an important

Reform of China's Judicial System Promotes Protection of Human Rights——An interview with Wang Shengjun, secretary-general of the Politico-Legal Committee of the CPC Central Committee

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）.

Enhancing the Rule of Law in China,Improving Judicial Protection for Human Rights

The Third Plenary Session of the 18th Central Committee of the Communist Party of China （CPC） was a vi-tally important meeting during the decisive stage of China constructing a well-off society in an all-round way. It endorsed the CPC Central Committee＇s ＂Decision on Certain Key Issues on Comprehensively Deepening Reform＂ （hereafter, ＂the decision.＂） The decision condensed the thinking and wisdom of the entire Party and society regarding comprehensively deepening reform and made a series of new breakthroughs in theory and politics related to reform.

To Actively Perform the Judicial Administration Function and Promote the Development of Cause of Human Rights

Respect for human rights and protection of human rights are significant rules in the Constitution of the People’s Republic of China.In 2015,judicial administration departments at all levels legally exercised their duties,implemented the principles and rules in constitution,and kept strengthening propagation of human rights through creation of contents and methods which had acquired great effects.What they have done contributes significantly toward the development of human rights in China.

Human Rights Protection Under China's Judicial System——An Interview with Xiao Yang, President of the Supreme People's Court of the People's Republic of China

Question: As you know. attention is now growing in China and outside to judicial protection of human rights. As President of the Supreme People’s Court and China’s top judge, would you make some comments on protection of human rights under China’s juridical system?

Strengthen the Confidence of Human Rights and Enhance the Guarantee of Nomocracy of Human Rights in an All-Round Way

Since the reform and opening up of China,the Communist Party of China has been committed to the continuous development of human rights theory and the protection of human rights through legal construction,in order to promote the development of China’s human rights cause.The principle of"respecting and protecting

Human Rights in Civil Judicial Documents:Conception and Function

Traditional human rights theory tends to hold that human rights should be aimed at defending public authority and that the legal issue of human rights is a matter of public law.However,the development of human rights concepts and practices is not just confined to this.A textual search shows that the term“human rights”exists widely in China’s civil judicial documents.Among the 3,412 civil judicial documents we researched,the concept of“human rights”penetrates all kinds of disputes in lawsuits,ranging from property rights,contracts,labor,and torts to marital property,which is embedded in both the claims of the parties concerned and the reasoning of judges.Human rights have become the discourse and yardstick for understanding and evaluating social behavior.The widespread use of the term“human rights”in civil judicial documents reflects at least three concepts related to human rights:first,the rights to subsistence and development are the primary basic human rights;second,the judicial protection of human rights is a bottom-line guarantee;third,the protection of human rights aims to achieve equal rights.Today,judges quote the theory of human rights in judicial judgments from time to time,evidencing that human rights have a practical function in judicial adjudication activities,and in practice this is mainly manifested in declaring righteous values and strengthening arguments with the values and ideas related to human rights,using the provisions concerning human rights in the Constitution to interpret the constitutionality,and using the principles of human rights to interpret blurred rules and rank the importance of different rights.

Judicial Application of International Human Rights Treaties in China

Since the Chinese Constitution does not stipulate the status of international treaties in the domestic legal system,the question of whether the domestic court can apply international human rights treaties keeps obscure all the time.China’s official statement and academic opinions generally believe that the domestic court couldn’t resort to the human rights treaties.In recent years,however,several cases have come out involving direct reference to human rights treaties by the court.The following factors contribute together to the direct reference:the inward-looking nature of international human rights treaties,specific requirements of human rights treaties,and the possible institutional room in Chinas’s current legal system.Take the view off ulfilling international human rights obligations,the practice of judicial application should be fully affirmed.Nevertheless,it should also be noted that relevant practice is still in its infancy,there are some problems such as inconsistent understanding and non-standard application.From the perspective of top-level design,it is necessary to provide a normative basis for the practice of the court,so as to make the international human rights treaties play their due role.

The Socialist Rule of Law with Chinese Characteristics and Human Rights Protection

Law is the fundamental method of governance and the rule of law symbolizes modern civilization. The socialist rule of law is the rule of law rooted in the Chinese tradition, and designed and led by the Communist Party of China(CPC). It is not only a tool for government, but also a driver of social progress. Meanwhile, the Chinese human rights system is also designed by the CPC. Both concepts—the socialist rule of law and the human rights system——are different from the West in terms of theory, path and systems. Human rights are the fundamental values of and the ultimate goal pursued by the rule of law; and the rule of law is the recognition of and guarantee for human rights. Efforts must be made to advance legislative, administrative and judicial protection of human rights.

Objects of Criminal Legal Aid--Center On Judicial Justice and Human Rights Protection

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.

Human Rights Protection under the New Normal State of Economy

The new normal state of economy is not only the overall trend of China's current economic development stage, but also the strategic choice of China for the future economic development, the anticipation for the economic development and its outcome under the new strategy. It is of great strategic significance for the long-term development of China's human rights as a whole, yet it makes a short-term challenge to the realization of the rights of vulnerable groups. Under the new normal state of economy, it should be targeted to strengthen the protection of the rights of vulnerable groups, which is very important not only for the overall development of China's human rights causes, but also for China to cross over 'the middle-income trap' and to achieve sustainable development of economy.

Important Guarantee for Judicial Justice——Huang Jin on Improving Judicial Protection for Human Rights

The Decision on Certain Issues on Comprehensively Deepening the Reform, which was endorsed bythe Third Plenary Session of the 18th Central Committee of the Communist Party of China （CPC）, advocates improving judicial protection for human rights, making human rights protection one of the practical measures for implementing the principle of respecting and ensuring human rights, and making improvement of the judicial protection of human rights an important part of comprehensively deepening the reform. Prof. Huang Jin, president of the China University of Political Science and Law, was interviewed by the journal.

Judicial Administration Reform Promotes Human Rights——An interview with Zhang Sujun,Vice-Minister of Justice

Following is a transcript of an interview given to Human Rights by Zhang Sujun, China＇s Vice-Minister of Justice, on how the on-going judicial administration reform promotes the protection of human rights in the country.

Judicial Reform in Interest of Human Rights

In performing its duties, the Chinese Government has always followed the principle of "governing the country in the interest of the people," and attached importance to respect for and protection of human rights to which the Chinese people are entitled. Social and economic conditions for protecting human rights have kept improving over the past two decades, in step with the constant growth of the national strength under the state policy of reform and opening up to the outside world. Moreover, the 15th Congress of the Chinese Communist Party established "rule of law" as the fundamental principle for governance of the country and called for a judicial reform to better protect the legitimate rights and interests of the Chinese people. Judicial organs across the country have yielded positive results in implementing the principle and the reform.

Judicial Protection of Human Rights:More Effective

The Chinese government pays special attention to promoting and ensuring human rights according to law. In 2001, the NPC standing committee reviewed 30 bills, revised the trademark law, the copyright law, the marriage law and the trade union law and adopted Amendment Ⅲ to the criminal law in the light of terrorist activities. The judge law and the procuratorator law have changed the system for the appointment of judges and procurators and for acquiring the qualifications of lawyers. The revised laws provide for a unified

How Fujian Prisons Guarantee Human Rights of Inmates

China has accelerated the reform of the prison system. How is the result of the reform? What about the living and studying conditions in the prison? How does the prison correct the inmates? What about the mental state of people serving prison terms? With these and other questions, we came to some prisons in Fujian Province and saw for ourselves. "Sunshine Project" We were told that all the prisons in the province introduced the open prison affairs

Human Rights and Liberalization of Judicial and Legal System in Uzbekistan

I. Introduction Today＇s Uzbekistan with its 25 million populations geographically and politically presents the basis of Central Asia. One of the most ancient civilizations in the world was born in this region. The great Silk Road passed through its territory in the past. The history of my nation is deeply rooted in the centuries and counts more than 3,000 years. From the ancient times such cities as Tashkent, Samarkand, Bukhara, Khiva, Termez are well known in the world and their links were spread from China to Spain and from Europe to Indian Ocean.

The Legal Guarantee of the Right to Education Perspective of Completing the Building a Moderately Prosperous Society in All Respects

As we review the historical process of completing the building a moderately prosperous society in all respects,the rule of law through the right to education,which has played a leading and guaranteeing role in this process,has not only made great achievements,but also set the direction and path for the development of the education system and unleashed education’s momentum in driving social development.The rule of law through the right to education has been established and developed during the great practice of reform and opening-up.After we achieve the goal of realizing all-round moderate prosperity,it is necessary to straighten out the internal mechanisms concerning its next-step development and codify educational laws in order to further promote human rights progress in China.

For a Legal Guarantee to Improve People’s Livelihood and Protect Human Rights——Thoughts on policy concerning Social Insurance Law (draft)

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.