How to protect the disabled children’s rights and interests legally has been a very serious,urgent realistic subject.Today,the problems in the protection of the disabled children’s rights and interests become obviou...How to protect the disabled children’s rights and interests legally has been a very serious,urgent realistic subject.Today,the problems in the protection of the disabled children’s rights and interests become obvious,mainly including that the right to exist is not protected,the right to education is changed,the right to development is not implemented,the right to participate is not respected,and the right to be protected is not safeguarded,etc.As the legal position of the protection of the disabled children’s rights and interests is absent,it is imperative to choose the legal support ways for the protection of the disabled children’s rights and interests.展开更多
The room is in utter chaos, with chairs piling up in a comer and the cable TV not connected to the power source. But one thing is put in place: a slogan on the wall "Creating an outstanding WFQ team for the benefit ...The room is in utter chaos, with chairs piling up in a comer and the cable TV not connected to the power source. But one thing is put in place: a slogan on the wall "Creating an outstanding WFQ team for the benefit of all women and children."展开更多
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 ...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.展开更多
The process of legislative protection for women’s rights and interests of the new China can be divided into two phases: The first phase is from the establishment of the People’s Republic of China to the adoption of ...The process of legislative protection for women’s rights and interests of the new China can be divided into two phases: The first phase is from the establishment of the People’s Republic of China to the adoption of the policy of reform and opening up to the outside展开更多
With the development of network technology and information technology, electronic commerce as a new business model wiht itsnew trading ideas-+, In changing the traditional business structure,but also gradually changi...With the development of network technology and information technology, electronic commerce as a new business model wiht itsnew trading ideas-+, In changing the traditional business structure,but also gradually changing people’s shopping patterns and consumptionpatterns,Online shopping has become the preferred way of shopping.Changes in consumption patterns will inevitably lead to new problems inthe process of consumption,and the development speed of the problem in sync with the development speed of network economy,as far as therenewal speed of laws and regulations is concerned,this asymmetric development is bound to bring great inconvenience to the consumer rights innetwork transactions.In this paper, from the angle of legal protection,the protection of consumer rights and interests in network transactions areexpounded,analysis of the current situation and reasons of the consumers’ rights and interests are infringed upon in the network transaction,learnfrom the experience of foreign consumer rights and interests protection,In order to put forward effective suggestions on the system constructionof the protection of consumer rights and interests.展开更多
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,ac...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.展开更多
EDITOR'S NOTE: Slated for September 2008, the Tenth National Congress of the Chinese Women will review the achievements the country has made over the past five years in promoting women's rights and interests and fo...EDITOR'S NOTE: Slated for September 2008, the Tenth National Congress of the Chinese Women will review the achievements the country has made over the past five years in promoting women's rights and interests and formulate the targets for the protection endeavor over the next five years. The five years since the Ninth National Congress of the Chinese Women have witnessed a constant improvement in the status of the Chinese women and in their human rights conditions. Following is a transcript of an interview given our staff reporters by Zhao Shaohua, vice-chairperson of the All-China Women's Federation (ACWF) and member of the ACWF Secretariat, on how women's rights and interests are protected in China.展开更多
1. Introduction With China's reform and opening up, great achievements have been witnessed by all of us in the protection of human rights, the basic pursuit of which is gen- der equality. Remarkable achievements hav...1. Introduction With China's reform and opening up, great achievements have been witnessed by all of us in the protection of human rights, the basic pursuit of which is gen- der equality. Remarkable achievements have also been accomplished in the pro- tection of women's rights and interests. It has been 12 years since Macao's mann to its motherland. Over these years, Macao, under the framework of the "Basic Law" has successfully practiced the great concept of "one country, two systems,展开更多
"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 right..."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.展开更多
Employment is fundamental in improving the livelihood of the people and social security is the source ofhuman happiness. This is how the international community protects and improves basic human rights. It is also the...Employment is fundamental in improving the livelihood of the people and social security is the source ofhuman happiness. This is how the international community protects and improves basic human rights. It is also the policy China has adopted to achieve sustainable economic and social development. Furthermore, it is clear evidence of China's respect and protection of human rights.展开更多
She clambers up a rock, reaches both hands onto comers of the shabby cement wall and heaves herself up, being careful not to catch her school bag on the protruding bricks. She straddles the top and then jumps gingerly...She clambers up a rock, reaches both hands onto comers of the shabby cement wall and heaves herself up, being careful not to catch her school bag on the protruding bricks. She straddles the top and then jumps gingerly down onto the pebbled ground beside the railway line.展开更多
Amendment VIII to the Criminal Law of the PRC, which went into effect on hMay 1, 2011, is not only in line with the basic spirit of the Universal Declaration of Human Rights and relevant international human rights t...Amendment VIII to the Criminal Law of the PRC, which went into effect on hMay 1, 2011, is not only in line with the basic spirit of the Universal Declaration of Human Rights and relevant international human rights treaties, but also is related to the priority area of the Program for The Development of Chinese Children (2011- 2020). Thus, it helps to safeguard the rights of juveniles and strengthens criminal law protection of their rights and interests. In consideration of the weak position of juveniles and the criminal law means of protecting their rights and interests,展开更多
The State Council of China is- sued the National Program on the Development of Children (2011-2020) on July 30,2011,outlining new targets and new measures by the government in promoting under- takings concerning chi...The State Council of China is- sued the National Program on the Development of Children (2011-2020) on July 30,2011,outlining new targets and new measures by the government in promoting under- takings concerning children. The new program marks the start of a new era of children's rights protection in China.展开更多
Rights-based approach to journalism aims to enable media to pursue the violations of rights by reporting them as news and, in this way, to preserve and ameliorate the rights as well as to contribute democratization. R...Rights-based approach to journalism aims to enable media to pursue the violations of rights by reporting them as news and, in this way, to preserve and ameliorate the rights as well as to contribute democratization. Rights-based approach to journalism in Turkey is a pretty new field of study for the researchers who study media. The examples of rights-based journalism appeared further especially in European Union membership process. Thus, the news that are sensitive to rights have found a broader place in media. In the process of E.U. membership, Turkey was required to carry out some regulations that target the betterment of human rights, women's rights, children's rights and minority rights. Making news from a rights-based perspective is an action for the announcement of people's struggle for their rights to the public with the aim of preventing the violations of rights.展开更多
Formulations of children's rights rest on assumptions about the nature of childhood yet conceptions of childhood are not stable across time and space. Such conceptions can be understood as placing different emphases ...Formulations of children's rights rest on assumptions about the nature of childhood yet conceptions of childhood are not stable across time and space. Such conceptions can be understood as placing different emphases among three different factors: the child as subservient to parents and ancestors (Child 1), as a young person requiring special protection and having characteristics distinct from adults (Child 2) and as a novice (Child 3). Different social arrangements place relatively different emphases on these three factors in their overall conceptions of childhood. Adopting the distinction between Will and Interest rights (Archard 2002), the paper considers how an emphasis on Child 1, 2 or 3 presupposes and demands a distinctive consideration of children's rights. The argument concludes with a reflection on how children's rights might be construed if the nature of adulthood is problematised alongside that of childhood. In this case, capabilities (as means to enable functionings) may prove a more fruitful concept than rights (as actual or possible existential conditions).展开更多
“The best interests of the child”is an essential principle of the Convention on the Rights of the Child.Due to the abstractness and ambiguity of this principle,its application is inevitably subject to the judge’s p...“The best interests of the child”is an essential principle of the Convention on the Rights of the Child.Due to the abstractness and ambiguity of this principle,its application is inevitably subject to the judge’s personality.Through empirical analysis,we can find that the judicial documents invoking the principle of“the best interests of the child”by Chinese courts show a significant increase in the number of disputes,types of disputes,and pronounced regional characteristics.The application of this principle by the courts is highly consistent with the judicial interpretative documents issued by the Supreme People’s Court.The invocation of this principle plays the role of interpreting the provisions of the law,the value basis for discretion,and the value orientation for shaping new rules in adjudication.At the same time,it is plagued by a lack of guidelines for the application of principles,invocations that serve the will of judges,and imperfect thinking in weighing the various factors involved.The application of this principle should be improved by setting normative standards for the principle of“the best interests of the child”,increasing case guidance for invoking the principle,and enhancing the professionalism of judges.展开更多
受席卷全球的新冠肺炎疫情影响,教育立法领域迎来了新的挑战,国际上对教育立法的研究成为当前热点。通过研究国际教育立法,可以为我国教育立法的创新发展提供启示。本文运用CiteSpace软件,从Web of Science国际文献数据库筛选出1991—2...受席卷全球的新冠肺炎疫情影响,教育立法领域迎来了新的挑战,国际上对教育立法的研究成为当前热点。通过研究国际教育立法,可以为我国教育立法的创新发展提供启示。本文运用CiteSpace软件,从Web of Science国际文献数据库筛选出1991—2021年以“教育立法”为标题关键词的252篇期刊文献,在文献分析的基础上,结合关键词共现、突现和时区分析教育立法的研究动态、研究热点和研究前沿。当前,对于教育立法的研究热点集中于保证教育公平、健康教育立法和注重儿童权利,研究前沿主要体现在完善教育立法体系、完善女性教育立法和以教育立法促进教育高质量发展三个方面。展开更多
基金The Philosophy and Social Science Research Fund Project for Institutions of Higher Learning in Jiangsu Province:Research on the Right of the Disabled Children to Social Participation-Jiangsu Province Is for Example(No.2014SJB296)
文摘How to protect the disabled children’s rights and interests legally has been a very serious,urgent realistic subject.Today,the problems in the protection of the disabled children’s rights and interests become obvious,mainly including that the right to exist is not protected,the right to education is changed,the right to development is not implemented,the right to participate is not respected,and the right to be protected is not safeguarded,etc.As the legal position of the protection of the disabled children’s rights and interests is absent,it is imperative to choose the legal support ways for the protection of the disabled children’s rights and interests.
文摘The room is in utter chaos, with chairs piling up in a comer and the cable TV not connected to the power source. But one thing is put in place: a slogan on the wall "Creating an outstanding WFQ team for the benefit of all women and children."
文摘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.
文摘The process of legislative protection for women’s rights and interests of the new China can be divided into two phases: The first phase is from the establishment of the People’s Republic of China to the adoption of the policy of reform and opening up to the outside
文摘With the development of network technology and information technology, electronic commerce as a new business model wiht itsnew trading ideas-+, In changing the traditional business structure,but also gradually changing people’s shopping patterns and consumptionpatterns,Online shopping has become the preferred way of shopping.Changes in consumption patterns will inevitably lead to new problems inthe process of consumption,and the development speed of the problem in sync with the development speed of network economy,as far as therenewal speed of laws and regulations is concerned,this asymmetric development is bound to bring great inconvenience to the consumer rights innetwork transactions.In this paper, from the angle of legal protection,the protection of consumer rights and interests in network transactions areexpounded,analysis of the current situation and reasons of the consumers’ rights and interests are infringed upon in the network transaction,learnfrom the experience of foreign consumer rights and interests protection,In order to put forward effective suggestions on the system constructionof the protection of consumer rights and interests.
文摘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.
文摘EDITOR'S NOTE: Slated for September 2008, the Tenth National Congress of the Chinese Women will review the achievements the country has made over the past five years in promoting women's rights and interests and formulate the targets for the protection endeavor over the next five years. The five years since the Ninth National Congress of the Chinese Women have witnessed a constant improvement in the status of the Chinese women and in their human rights conditions. Following is a transcript of an interview given our staff reporters by Zhao Shaohua, vice-chairperson of the All-China Women's Federation (ACWF) and member of the ACWF Secretariat, on how women's rights and interests are protected in China.
文摘1. Introduction With China's reform and opening up, great achievements have been witnessed by all of us in the protection of human rights, the basic pursuit of which is gen- der equality. Remarkable achievements have also been accomplished in the pro- tection of women's rights and interests. It has been 12 years since Macao's mann to its motherland. Over these years, Macao, under the framework of the "Basic Law" has successfully practiced the great concept of "one country, two systems,
文摘"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.
文摘Employment is fundamental in improving the livelihood of the people and social security is the source ofhuman happiness. This is how the international community protects and improves basic human rights. It is also the policy China has adopted to achieve sustainable economic and social development. Furthermore, it is clear evidence of China's respect and protection of human rights.
文摘She clambers up a rock, reaches both hands onto comers of the shabby cement wall and heaves herself up, being careful not to catch her school bag on the protruding bricks. She straddles the top and then jumps gingerly down onto the pebbled ground beside the railway line.
文摘Amendment VIII to the Criminal Law of the PRC, which went into effect on hMay 1, 2011, is not only in line with the basic spirit of the Universal Declaration of Human Rights and relevant international human rights treaties, but also is related to the priority area of the Program for The Development of Chinese Children (2011- 2020). Thus, it helps to safeguard the rights of juveniles and strengthens criminal law protection of their rights and interests. In consideration of the weak position of juveniles and the criminal law means of protecting their rights and interests,
文摘The State Council of China is- sued the National Program on the Development of Children (2011-2020) on July 30,2011,outlining new targets and new measures by the government in promoting under- takings concerning children. The new program marks the start of a new era of children's rights protection in China.
文摘Rights-based approach to journalism aims to enable media to pursue the violations of rights by reporting them as news and, in this way, to preserve and ameliorate the rights as well as to contribute democratization. Rights-based approach to journalism in Turkey is a pretty new field of study for the researchers who study media. The examples of rights-based journalism appeared further especially in European Union membership process. Thus, the news that are sensitive to rights have found a broader place in media. In the process of E.U. membership, Turkey was required to carry out some regulations that target the betterment of human rights, women's rights, children's rights and minority rights. Making news from a rights-based perspective is an action for the announcement of people's struggle for their rights to the public with the aim of preventing the violations of rights.
文摘Formulations of children's rights rest on assumptions about the nature of childhood yet conceptions of childhood are not stable across time and space. Such conceptions can be understood as placing different emphases among three different factors: the child as subservient to parents and ancestors (Child 1), as a young person requiring special protection and having characteristics distinct from adults (Child 2) and as a novice (Child 3). Different social arrangements place relatively different emphases on these three factors in their overall conceptions of childhood. Adopting the distinction between Will and Interest rights (Archard 2002), the paper considers how an emphasis on Child 1, 2 or 3 presupposes and demands a distinctive consideration of children's rights. The argument concludes with a reflection on how children's rights might be construed if the nature of adulthood is problematised alongside that of childhood. In this case, capabilities (as means to enable functionings) may prove a more fruitful concept than rights (as actual or possible existential conditions).
基金a phased result of the research project“Studies on the Relationship Between the Constitution and International Law”(18BFX034)backed by the National Social Science Fund of China
文摘“The best interests of the child”is an essential principle of the Convention on the Rights of the Child.Due to the abstractness and ambiguity of this principle,its application is inevitably subject to the judge’s personality.Through empirical analysis,we can find that the judicial documents invoking the principle of“the best interests of the child”by Chinese courts show a significant increase in the number of disputes,types of disputes,and pronounced regional characteristics.The application of this principle by the courts is highly consistent with the judicial interpretative documents issued by the Supreme People’s Court.The invocation of this principle plays the role of interpreting the provisions of the law,the value basis for discretion,and the value orientation for shaping new rules in adjudication.At the same time,it is plagued by a lack of guidelines for the application of principles,invocations that serve the will of judges,and imperfect thinking in weighing the various factors involved.The application of this principle should be improved by setting normative standards for the principle of“the best interests of the child”,increasing case guidance for invoking the principle,and enhancing the professionalism of judges.
文摘受席卷全球的新冠肺炎疫情影响,教育立法领域迎来了新的挑战,国际上对教育立法的研究成为当前热点。通过研究国际教育立法,可以为我国教育立法的创新发展提供启示。本文运用CiteSpace软件,从Web of Science国际文献数据库筛选出1991—2021年以“教育立法”为标题关键词的252篇期刊文献,在文献分析的基础上,结合关键词共现、突现和时区分析教育立法的研究动态、研究热点和研究前沿。当前,对于教育立法的研究热点集中于保证教育公平、健康教育立法和注重儿童权利,研究前沿主要体现在完善教育立法体系、完善女性教育立法和以教育立法促进教育高质量发展三个方面。