The International Labour Organization seems to only see the aspect of social security promoting economic growth,while neglecting the aspect of economic growth supporting social security.From the standpoint of material...The International Labour Organization seems to only see the aspect of social security promoting economic growth,while neglecting the aspect of economic growth supporting social security.From the standpoint of materialism and the practice of social security,the realization of social security rights for migrant workers fundamentally depends on economic growth.The Belt and Road Initiative has provided a Chinese solution for creating a strong material and technological foundation to meet the social security needs of all people,including migrant workers.展开更多
This article analyzes Canada’s economic system from a systems thinking perspective.The content includes patterns of public choice(party system and power distribution),organizational framework of decision-making arran...This article analyzes Canada’s economic system from a systems thinking perspective.The content includes patterns of public choice(party system and power distribution),organizational framework of decision-making arrangements,information provision and coordination mechanisms,property rights system,incentive system,and welfare system.Canada’s economic system significantly influences the development of the Canadian economy,and its economic system arrangements hold reference significance for other developed and developing countries.展开更多
The purpose of this paper is to use cross country regression analysis on a large set of countries from around the world for the year 2007 to test the hypothesis that greater instability, political or economic leads to...The purpose of this paper is to use cross country regression analysis on a large set of countries from around the world for the year 2007 to test the hypothesis that greater instability, political or economic leads to reduced levels of human rights. The results of the paper's econometric analysis tend to support the hypothesis that increased levels of either political instability or economic instability are detrimental to human rights within countries.展开更多
According to the 'three-generation human rights' theory, 'the first generation of human rights', namely natural rights theory, emphasizes political rights, and 'the second generation of human right...According to the 'three-generation human rights' theory, 'the first generation of human rights', namely natural rights theory, emphasizes political rights, and 'the second generation of human rights', as the outcome of the international communist movement, emphasizes economic rights. However, if we deep analyze Marx's civil society-political state theory and his critique of natural rights theory, we can find that Marx's civil society-political state theory has two dimensions, where the two sets of human rights ranks are derived. Under the realistic condition, the economic rights indeed serve as the basis and aim of political rights while under the new idea of human rights—human liberation, political rights should be the most essential human rights.展开更多
The optional Protocol to the international covenant on economic, Social and cultural Right was adopted in 2008 and entered into force in 2013? During the five years after its entry into force, 23 States have ratified ...The optional Protocol to the international covenant on economic, Social and cultural Right was adopted in 2008 and entered into force in 2013? During the five years after its entry into force, 23 States have ratified the optional Protocol, and 23 individual communications have been submitted to the committee on economic,Social and cultural Rights? comparing with the acceptance of individual communication procedures under other core international human rights treaties, the record of ratification of the optional Protocol is not satisfactory? in its examination of individual communications,the committee on economic, Social and cultural Rights has made detailed reasoning, extensively referred to its previous general comments, and in case of violations found, suggested both specific and general remedies? in its practice of examining individual communications, the committee on economic, Social and cultural Rights needs to clarify and define the rights under the covenant and their corresponding obligations, while maintaining its nature and role as a supervisory body, without expanding its competence to an unacceptable extent?展开更多
The principle of marxist theory on the dialectical relationship between the economic base and superstructure is an important theoretical basis for recognizing the mutual relationship between social rights protection a...The principle of marxist theory on the dialectical relationship between the economic base and superstructure is an important theoretical basis for recognizing the mutual relationship between social rights protection and economic development China and the West have different practical experience in handling their relations But a proper handling of their relations is conducive to promoting the development of human rights It is one-sided to either emphasize too much on social rights protection or to excessively pursue economic development The in-depth interaction between social rights protection and economic development is that they promote and restrict each other It is the right choice for human rights development with Chinese characteristics in the new era to promote social rights protection and economic development in a coordinated manner We should not only lay a solid material foundation for social rights protection with the high quality and efficiency of economic development, but also take social rights protection as the ultimate goal and strategic means to provide sufficient driving force for economic development And social rights protection and economic development should be synchronized.展开更多
Economic development is decisive with regard to human rights issue. Since reform and opening up,China has established a socialist market system, which provides a market environment characterized by democracy, freedom,
The Sixth Beijing Forum on Human Rights is opened today, which is co-spon- sored by the China Society for Human Rights Studies and the China Foundation for Human Rights Development. First, on behalf of the China Found...The Sixth Beijing Forum on Human Rights is opened today, which is co-spon- sored by the China Society for Human Rights Studies and the China Foundation for Human Rights Development. First, on behalf of the China Foundation for Human Rights Development, I would like to express warm congratulations to the opening of the Forum, and heartfelt thanks tothe friends who have always cared for and supported for the development and progress of human rights cause of China.展开更多
British Economist Angus Maddison said that eco nomic development is a recent phenomenon inhuman history. Although human species have lived on the planet at least 2.5 million years, economic development only appeared a...British Economist Angus Maddison said that eco nomic development is a recent phenomenon inhuman history. Although human species have lived on the planet at least 2.5 million years, economic development only appeared around the 1850s. In pursuit of economic development, not all nationalities have been equally lucky. Among more than 200 countries in the world, only dozens of countries are devel oped. Onethird of the world's total population of 6.5 billion are living in poverty. In both developing and developed countries, the wealth gap is often obvious. Therefore, eco nomic development is the goal of each country, the aim of each politi cal party, and the wish of all people. However, economic development usually baffles people. As a result, understanding the relationship be tween economic development and human rights protection is a matter of urgency.展开更多
Article 1088 of China's Civil Code grants the right to seek economic compensation in divorce cases.However,significant confusion persists regarding the values,interpretations of doctrine,and legal techniques relat...Article 1088 of China's Civil Code grants the right to seek economic compensation in divorce cases.However,significant confusion persists regarding the values,interpretations of doctrine,and legal techniques related to this compensation.Various viewpoints have emerged on the nature of compensation,including notions of household wages,human capital investment,moral obligation,and damages recovery.Concerning compensation standards,there are proposals such as the“humanitarian assistance”theory,“household wages”theory,“expected interest”theory,or“loss of interest”theory.By examining the evolution,legal principles,and practical applications of economic compensation for divorce from a human rights perspective,we aim to establish the legal foundation for this compensation,grounded in principles of gender equality.It clarifies that the compensation essentially confirms and restores individual development opportunities and the right to development in the context of gender inequality.This approach aims to provide a more coherent interpretation of clauses of economic compensation for divorce in terms of legal purposes,legal doctrines,and legal techniques,thus offering a more reasonable perspective to reconcile theoretical and practical discrepancies in economic compensation for divorce.展开更多
The development of the technology of network had been of great convenience to get access to information. However, it was undeniable that a bad phenomenon had become even more and more serious that others' information...The development of the technology of network had been of great convenience to get access to information. However, it was undeniable that a bad phenomenon had become even more and more serious that others' information would be obtained by illegal means, and the research on the protection of privacy had increasingly aroused people's concern. The right of privacy not only had the usually outside personality characteristics, but also had a certain characteristics of property. This paper had attempted to study the right of privacy from the perspective of law and economics by interpreting the property in the right of privacy, in order to perfect the protection system of privacy in our country.展开更多
Protecting the equal human rights of persons with disabilities is an important part of human rights protection in China.The Marriage law Amendment in 2001 focused on the economic assistance system for divorce relief f...Protecting the equal human rights of persons with disabilities is an important part of human rights protection in China.The Marriage law Amendment in 2001 focused on the economic assistance system for divorce relief for a party unable maintain the local basic standard of living.The Civil Code has adjusted and expanded the system,stipulating that one party can ask for financial help from the other party if the party can’t maintain a reasonable living after divorce.To a certain extent,this economic assistance should include the assistance to the party whose living standard has decreased significantly after divorce and the party who has made more sacrifices and contribution to the marriage during the marriage.Although the economic assistance system for divorce stipulated in the Civil Code does not specifically address unequal treatment or discrimination against women with disabilities,since women with disabilities are more vulnerable after divorce,they are more likely to put forward economic assistance claims after a divorce,be more dependent on others physically and psychologically,and find it more difficult to obtain employment.Social security for women with disabilities is still insufficient and compared with other subjects,women with disabilities are likely to be in an unequal position in the realization of their right to economic assistance in divorce.Therefore,it is necessary to put forward reasonable legal interpretations and application suggestions for the relevant provisions in the Civil Code,so as to fully realize the economic assistance rights of women with disabilities in divorce,and reflect the care and protection of the human rights of women with disabilities in the Civil Code.展开更多
To find solutions for legal system for capitalization of rural land ownership in China,this paper studied and analyzed existing problems in rural land system and legal environment using legal theory and transaction co...To find solutions for legal system for capitalization of rural land ownership in China,this paper studied and analyzed existing problems in rural land system and legal environment using legal theory and transaction cost theory. Results indicated that(i) the restriction of institutional condition upon property right and transaction is more essential,and key points include the relationship of entities of right formed jointly by the state,collective and farmers,accurate positioning of property right structure,and security for land appreciation income right and allocation mechanism;(ii) the land property right structure should select a legal structure with minimum transaction cost. It is concluded that entitling the ownership to a single entity is an economical method to eliminate current conflict of rural land right.展开更多
The limited character of minerals must be recognized in the development of mining activities, as well as the necessity to form bonds that allow mining advantages to be enjoyed long after natural resources have been co...The limited character of minerals must be recognized in the development of mining activities, as well as the necessity to form bonds that allow mining advantages to be enjoyed long after natural resources have been consumed. Because mining activities have the potential to affect a wide variety of environmental entities and are of interest to a large range of stakeholder groups, the sector has a lot of room to improve its sustainability. According to studies, the economic advantages of copper mining operations in Zambia are not allocated equally among stakeholders in the process of granting mining rights to potential investors. This paper examines how the existing system of granting mining rights in Zambia impacts the distribution of economic gains among copper mining project stakeholders.展开更多
The objective of this paper is to propose a conceptual framework stimulating the sustainable management of natural resources in Central Africa. Based on the forest resources, we show how good identification and alloca...The objective of this paper is to propose a conceptual framework stimulating the sustainable management of natural resources in Central Africa. Based on the forest resources, we show how good identification and allocation of property rights strengthen the joint management of forest resources. Cameroon is selected as an example, since the country represents one of the most forest-intense areas in Africa. In doing so, we first evaluate the performance of institutions in fostering sustainable forest management. Second we show how good elaboration and allocation of property rights may contribute to improving efficiency in forest management. Using the New Institutional Economic (NIE) theory we provide an outline of the potential relationships between forest management and property rights allocated to stakeholders involved in forest exploitation. Finally we provide two forms of institutional structures that could improve forest management efficiency: public-private partnership and multi-stakeholder management approaches. Public-private partnerships are joint project management processes operated by both private businesses and public entities in order to combine public prescriptive mechanisms with private operational roles. Multi-stakeholder management approach is also a co-management initiative combining public entities, private actors and local population to increase the involvement of local dwellers living in forest areas in the decision process.展开更多
In this paper,the writer uses a mathematical model to analyze:a theoretical model of land resources optimal allocation with the constraint of sustainable development;equilibrium and defects of land resources allocatio...In this paper,the writer uses a mathematical model to analyze:a theoretical model of land resources optimal allocation with the constraint of sustainable development;equilibrium and defects of land resources allocation in a competitive market;and how effective governmental supervision can change the equilibrium in the market and promote the optimization of land resources allocation.The main points of this paper are:continuous and excessive conversions that change land resources from agricultural use to non-agricultural use in the process of economic development are economic rules;a competitive market is an important way to improve the efficiency of land resources allocation;effective governmental supervision can cover the shortage of market and promote the optimization of land resources allocation;a reasonable arrangement of land property rights can reduce the transaction costs of government management in optimizing land resources allocation;and,the targets of land resources optimal allocation are developing along with economic development.展开更多
Investments in rural land for agriculture, timber, and other natural resource purposes occur frequently and globally. Fundamental principles of liberty and property found in the United States of America’s (“US”) le...Investments in rural land for agriculture, timber, and other natural resource purposes occur frequently and globally. Fundamental principles of liberty and property found in the United States of America’s (“US”) legal system, from its origins to recent US Supreme Court decisions, continue to positively benefit holders of real estate in the Southern US, through a deep-rooted public policy of supporting private property rights and rural economic development. This stable rule of law enhances the long-term adaptability and sustainability of timberland as an asset class. This article is a commentary. It combines legal research methodology with the observations and conclusions of the authors. Its purpose is to demonstrate that the existence of alienable, documentable ownership, and related property rights create inherent stability and security. These principles form the basis of a culture that is defined by the rule of law and is “open for business.” This business mindset is particularly prevalent in the Southern US.展开更多
基金the National Social Science Fund of China’s project on“Research on Transnational Work Injury Insurance under the Concept of a Community with a Shared Future for Mankind along the Silk Road for the Benefit of All”(Project Number:19XFX015).
文摘The International Labour Organization seems to only see the aspect of social security promoting economic growth,while neglecting the aspect of economic growth supporting social security.From the standpoint of materialism and the practice of social security,the realization of social security rights for migrant workers fundamentally depends on economic growth.The Belt and Road Initiative has provided a Chinese solution for creating a strong material and technological foundation to meet the social security needs of all people,including migrant workers.
文摘This article analyzes Canada’s economic system from a systems thinking perspective.The content includes patterns of public choice(party system and power distribution),organizational framework of decision-making arrangements,information provision and coordination mechanisms,property rights system,incentive system,and welfare system.Canada’s economic system significantly influences the development of the Canadian economy,and its economic system arrangements hold reference significance for other developed and developing countries.
文摘The purpose of this paper is to use cross country regression analysis on a large set of countries from around the world for the year 2007 to test the hypothesis that greater instability, political or economic leads to reduced levels of human rights. The results of the paper's econometric analysis tend to support the hypothesis that increased levels of either political instability or economic instability are detrimental to human rights within countries.
文摘According to the 'three-generation human rights' theory, 'the first generation of human rights', namely natural rights theory, emphasizes political rights, and 'the second generation of human rights', as the outcome of the international communist movement, emphasizes economic rights. However, if we deep analyze Marx's civil society-political state theory and his critique of natural rights theory, we can find that Marx's civil society-political state theory has two dimensions, where the two sets of human rights ranks are derived. Under the realistic condition, the economic rights indeed serve as the basis and aim of political rights while under the new idea of human rights—human liberation, political rights should be the most essential human rights.
文摘The optional Protocol to the international covenant on economic, Social and cultural Right was adopted in 2008 and entered into force in 2013? During the five years after its entry into force, 23 States have ratified the optional Protocol, and 23 individual communications have been submitted to the committee on economic,Social and cultural Rights? comparing with the acceptance of individual communication procedures under other core international human rights treaties, the record of ratification of the optional Protocol is not satisfactory? in its examination of individual communications,the committee on economic, Social and cultural Rights has made detailed reasoning, extensively referred to its previous general comments, and in case of violations found, suggested both specific and general remedies? in its practice of examining individual communications, the committee on economic, Social and cultural Rights needs to clarify and define the rights under the covenant and their corresponding obligations, while maintaining its nature and role as a supervisory body, without expanding its competence to an unacceptable extent?
基金the phased research result of the Ministry of Education’s humanities and social sciences planning fund project“The Right to Equitable and Quality Education in the New Era:Research on National Obligation for Balanced and Full Development of Education”(Project No.:19YJA820012)
文摘The principle of marxist theory on the dialectical relationship between the economic base and superstructure is an important theoretical basis for recognizing the mutual relationship between social rights protection and economic development China and the West have different practical experience in handling their relations But a proper handling of their relations is conducive to promoting the development of human rights It is one-sided to either emphasize too much on social rights protection or to excessively pursue economic development The in-depth interaction between social rights protection and economic development is that they promote and restrict each other It is the right choice for human rights development with Chinese characteristics in the new era to promote social rights protection and economic development in a coordinated manner We should not only lay a solid material foundation for social rights protection with the high quality and efficiency of economic development, but also take social rights protection as the ultimate goal and strategic means to provide sufficient driving force for economic development And social rights protection and economic development should be synchronized.
文摘Economic development is decisive with regard to human rights issue. Since reform and opening up,China has established a socialist market system, which provides a market environment characterized by democracy, freedom,
文摘The Sixth Beijing Forum on Human Rights is opened today, which is co-spon- sored by the China Society for Human Rights Studies and the China Foundation for Human Rights Development. First, on behalf of the China Foundation for Human Rights Development, I would like to express warm congratulations to the opening of the Forum, and heartfelt thanks tothe friends who have always cared for and supported for the development and progress of human rights cause of China.
文摘British Economist Angus Maddison said that eco nomic development is a recent phenomenon inhuman history. Although human species have lived on the planet at least 2.5 million years, economic development only appeared around the 1850s. In pursuit of economic development, not all nationalities have been equally lucky. Among more than 200 countries in the world, only dozens of countries are devel oped. Onethird of the world's total population of 6.5 billion are living in poverty. In both developing and developed countries, the wealth gap is often obvious. Therefore, eco nomic development is the goal of each country, the aim of each politi cal party, and the wish of all people. However, economic development usually baffles people. As a result, understanding the relationship be tween economic development and human rights protection is a matter of urgency.
基金a phased result of the Chongqing Municipal Education Commission’s Base Project titled“Research on the Chinese Voice,Chinese Connotation,and Chinese Contribution Regarding the Common Values for All Mankind”(Project No.22SKJD015)the Southwest University of Political Science and Law’s school-level scientific research project titled“Research on the Concept of Distributive Justice in Chinese Path to Modernization”(Project No.2023XZZXYB-06)。
文摘Article 1088 of China's Civil Code grants the right to seek economic compensation in divorce cases.However,significant confusion persists regarding the values,interpretations of doctrine,and legal techniques related to this compensation.Various viewpoints have emerged on the nature of compensation,including notions of household wages,human capital investment,moral obligation,and damages recovery.Concerning compensation standards,there are proposals such as the“humanitarian assistance”theory,“household wages”theory,“expected interest”theory,or“loss of interest”theory.By examining the evolution,legal principles,and practical applications of economic compensation for divorce from a human rights perspective,we aim to establish the legal foundation for this compensation,grounded in principles of gender equality.It clarifies that the compensation essentially confirms and restores individual development opportunities and the right to development in the context of gender inequality.This approach aims to provide a more coherent interpretation of clauses of economic compensation for divorce in terms of legal purposes,legal doctrines,and legal techniques,thus offering a more reasonable perspective to reconcile theoretical and practical discrepancies in economic compensation for divorce.
文摘The development of the technology of network had been of great convenience to get access to information. However, it was undeniable that a bad phenomenon had become even more and more serious that others' information would be obtained by illegal means, and the research on the protection of privacy had increasingly aroused people's concern. The right of privacy not only had the usually outside personality characteristics, but also had a certain characteristics of property. This paper had attempted to study the right of privacy from the perspective of law and economics by interpreting the property in the right of privacy, in order to perfect the protection system of privacy in our country.
基金The phased research results under the theme“Value Judgment and Application Criteria of Divorce Property Division and Divorce Relief System in The Civil Code:Based on Safeguarding Women’s Human Rights”(CSHRS2020-21YB)a ministerial-level project of the China Society for Human Rights Studies in 2020
文摘Protecting the equal human rights of persons with disabilities is an important part of human rights protection in China.The Marriage law Amendment in 2001 focused on the economic assistance system for divorce relief for a party unable maintain the local basic standard of living.The Civil Code has adjusted and expanded the system,stipulating that one party can ask for financial help from the other party if the party can’t maintain a reasonable living after divorce.To a certain extent,this economic assistance should include the assistance to the party whose living standard has decreased significantly after divorce and the party who has made more sacrifices and contribution to the marriage during the marriage.Although the economic assistance system for divorce stipulated in the Civil Code does not specifically address unequal treatment or discrimination against women with disabilities,since women with disabilities are more vulnerable after divorce,they are more likely to put forward economic assistance claims after a divorce,be more dependent on others physically and psychologically,and find it more difficult to obtain employment.Social security for women with disabilities is still insufficient and compared with other subjects,women with disabilities are likely to be in an unequal position in the realization of their right to economic assistance in divorce.Therefore,it is necessary to put forward reasonable legal interpretations and application suggestions for the relevant provisions in the Civil Code,so as to fully realize the economic assistance rights of women with disabilities in divorce,and reflect the care and protection of the human rights of women with disabilities in the Civil Code.
基金Supported by 2012 Doctoral Candidate Innovation and Practice Project of China University of Political Science and Law(2012BSCX07)
文摘To find solutions for legal system for capitalization of rural land ownership in China,this paper studied and analyzed existing problems in rural land system and legal environment using legal theory and transaction cost theory. Results indicated that(i) the restriction of institutional condition upon property right and transaction is more essential,and key points include the relationship of entities of right formed jointly by the state,collective and farmers,accurate positioning of property right structure,and security for land appreciation income right and allocation mechanism;(ii) the land property right structure should select a legal structure with minimum transaction cost. It is concluded that entitling the ownership to a single entity is an economical method to eliminate current conflict of rural land right.
文摘The limited character of minerals must be recognized in the development of mining activities, as well as the necessity to form bonds that allow mining advantages to be enjoyed long after natural resources have been consumed. Because mining activities have the potential to affect a wide variety of environmental entities and are of interest to a large range of stakeholder groups, the sector has a lot of room to improve its sustainability. According to studies, the economic advantages of copper mining operations in Zambia are not allocated equally among stakeholders in the process of granting mining rights to potential investors. This paper examines how the existing system of granting mining rights in Zambia impacts the distribution of economic gains among copper mining project stakeholders.
文摘The objective of this paper is to propose a conceptual framework stimulating the sustainable management of natural resources in Central Africa. Based on the forest resources, we show how good identification and allocation of property rights strengthen the joint management of forest resources. Cameroon is selected as an example, since the country represents one of the most forest-intense areas in Africa. In doing so, we first evaluate the performance of institutions in fostering sustainable forest management. Second we show how good elaboration and allocation of property rights may contribute to improving efficiency in forest management. Using the New Institutional Economic (NIE) theory we provide an outline of the potential relationships between forest management and property rights allocated to stakeholders involved in forest exploitation. Finally we provide two forms of institutional structures that could improve forest management efficiency: public-private partnership and multi-stakeholder management approaches. Public-private partnerships are joint project management processes operated by both private businesses and public entities in order to combine public prescriptive mechanisms with private operational roles. Multi-stakeholder management approach is also a co-management initiative combining public entities, private actors and local population to increase the involvement of local dwellers living in forest areas in the decision process.
文摘In this paper,the writer uses a mathematical model to analyze:a theoretical model of land resources optimal allocation with the constraint of sustainable development;equilibrium and defects of land resources allocation in a competitive market;and how effective governmental supervision can change the equilibrium in the market and promote the optimization of land resources allocation.The main points of this paper are:continuous and excessive conversions that change land resources from agricultural use to non-agricultural use in the process of economic development are economic rules;a competitive market is an important way to improve the efficiency of land resources allocation;effective governmental supervision can cover the shortage of market and promote the optimization of land resources allocation;a reasonable arrangement of land property rights can reduce the transaction costs of government management in optimizing land resources allocation;and,the targets of land resources optimal allocation are developing along with economic development.
文摘Investments in rural land for agriculture, timber, and other natural resource purposes occur frequently and globally. Fundamental principles of liberty and property found in the United States of America’s (“US”) legal system, from its origins to recent US Supreme Court decisions, continue to positively benefit holders of real estate in the Southern US, through a deep-rooted public policy of supporting private property rights and rural economic development. This stable rule of law enhances the long-term adaptability and sustainability of timberland as an asset class. This article is a commentary. It combines legal research methodology with the observations and conclusions of the authors. Its purpose is to demonstrate that the existence of alienable, documentable ownership, and related property rights create inherent stability and security. These principles form the basis of a culture that is defined by the rule of law and is “open for business.” This business mindset is particularly prevalent in the Southern US.