A common folk can sue an official? This was hardly possible in the past in China where the old feudalistic tradition dies hard. But this is really possible today when the common people cannot only sue officials and al...A common folk can sue an official? This was hardly possible in the past in China where the old feudalistic tradition dies hard. But this is really possible today when the common people cannot only sue officials and also get compensation if they are wronged. State compensation system It would be inevitable for government functionaries to cause damages to some citizens, legal persons or other organizations in the course of their management of the society. That is why China has established a State compensation system to compensate for the damages to citizens, legal persons and other organizations caused by government functionaries in exercising their power.展开更多
Whether a new generation of human rights emerges in the digital age has sparked widespread debate.Academic understanding of digital technology remains confined to thinking about network technology and products,often o...Whether a new generation of human rights emerges in the digital age has sparked widespread debate.Academic understanding of digital technology remains confined to thinking about network technology and products,often overlooking the revolutionary nature of digital media.Digital media has the sweeping potential to unify all forms of media and reshape social life,giving rise to new demands for a new generation of human rights.The concept of digital human rights can be defined as the legitimate rights of human's infinitely extended personalities through digital media.Its core characteristic is its transcendency,where every person lives in a networked space that surpasses physical boundaries,nations,and individual personalities.Human rights are generally considered the foundation for basic constitutional rights,which,in turn,form the basis for legislative acts across various sectors.In recent years,China has enacted numerous laws in the digital domain to keep pace with the times,but due to the lack of guidance on digital human rights,these laws tend to be fragmented and disjointed.It is urgent to unify digital legislation at all levels on the basis of reshaping basic constitutional rights.Thus,it is essential to reshape the basic rights based on the concept and characteristics of digital human rights and streamline legislation at all levels under the unified guidance of basic rights.This can help establish a comprehensive digital human rights protection system that meets the demands of the modern era.展开更多
The main function of basic rights is to defend against the state’s public power.the traditional theory of basic rights con-structs logic based on the dualistic framework of“state power and individual rights,”and de...The main function of basic rights is to defend against the state’s public power.the traditional theory of basic rights con-structs logic based on the dualistic framework of“state power and individual rights,”and deals with the dualistic horizontal relationship between“the state and individuals.”However,the increasing com-plexity of modern society has led to the emergence of different inter-ests and needs within society and the formation of new social powers,resulting in an unequal relationship between private subjects.In the digital era,this phenomenon has become particularly prominent,ev-idenced by the rise of data-based power and the frequent and serious intrusion of personal information by private subjects.In this context,the value of basic rights should radiate within society and function as a balancing force.taking the protection of personal information as an example,while innovating the idea of regulating society through basic rights,the state’s obligation to protect personal information should be further strengthened.Meanwhile,the direct effect of personal infor-mation rights,which are basic human rights,on the private subjects of data-based power should be established,so as to realize their function in balancing the interests of all parties in society.展开更多
Marriage and family remain a universal and eternal subject of study. It covers law, ethics, sociology, psychology and even economics. Law and ethics play the most outstanding role in it. Family ethics and moral standa...Marriage and family remain a universal and eternal subject of study. It covers law, ethics, sociology, psychology and even economics. Law and ethics play the most outstanding role in it. Family ethics and moral standards constitute an important part of social ethical system while marriage and family constitute part of the legal system nearest to the life of the common people. Since the founding of New China, the Party and the State have paid full attention to the marriage and family system. Compared with other laws, the law about marriage and family was the first to be legislated. On May 1, 1950, New China’s first law, the 1950 version of Marriage Law, was promulgated. Commenting on the legal document, Chairman Mao Zedong had this to say: Marriage law concerns展开更多
From angles of administrative law and private law, the article analyzes relations between environmental right for citizens and the right to use environmental resources owned by company and enterprise and points out th...From angles of administrative law and private law, the article analyzes relations between environmental right for citizens and the right to use environmental resources owned by company and enterprise and points out three principles to balancing two relations: A principle of equal protection, a principle that general interest is superior to special interest as well as taking an account for special interest, in specific circumstances, for example, in the circumstance that clashes between environmental and economic interests can not be avoided, policy makers can put an emphasis on more important social interest according after considering weight of each interest. Finally, the article reaches a conclusion that China should establish system of environmental right for citizens from legislative and administrative levels so that a harmonious society can be constructed with guarantee.展开更多
In this era of dramatic,rampant,and incessant political change,predictions about the future can no longer be based either on conventional wisdom or historical precedent.Criminals have learned to take advantage of the ...In this era of dramatic,rampant,and incessant political change,predictions about the future can no longer be based either on conventional wisdom or historical precedent.Criminals have learned to take advantage of the dynamic globalization and the opening of borders in new and dangerous ways.In response to the global crime and human rights problems,this paper is an introduction to some of these developments in criminal justice system to fight crimes and to prevent human rights.Furthermore,this paper will also examine“sense of justice in criminal process”,and identifies“basic dilemma”problems in existing legal of criminal justice and human rights.It contains a series of new ideas that a disruptor to the judiciary system and policy-maker reforms aid in the prevention of criminalization to citizen rights and change impacts the criminal justice system to protect human rights to be seen globalization change justice for societies.展开更多
Conceptually,health is subjective,procedural and socially reliant.This three-fold nature determines the connotations of the right to health as well as the constraints thereof.The right to health encompasses both the r...Conceptually,health is subjective,procedural and socially reliant.This three-fold nature determines the connotations of the right to health as well as the constraints thereof.The right to health encompasses both the right to freedom and social rights.The right to freedom in the context of health means that the state should respect the health status and choices of its citizens and trust that the people are able to optimize their health through their own efforts,whereas the right to basic healthcare services is an important component of the right to health from the perspective of social rights.The review system stipulated in administrative normative documents increases,to a certain degree,the possibility that citizens can realize their right to health.The right to health is constrained in three aspects:"precondition of the possible",concurrent requirements imposed by society and conflicts among basic rights.When there is financial restraint on what the state can afford,the right to health is constrained by limits to healthcare institutions and the provision of healthcare services.over-emphasis of individual responsibility on the part of the insured can possibly transform the right to health into an obligation to be healthy.展开更多
Given the dilemma facing legalization on environmental rights, it is necessary to re-examine the nature and function of environmental human rights under the theoretical system of basic rights. Its justification approa...Given the dilemma facing legalization on environmental rights, it is necessary to re-examine the nature and function of environmental human rights under the theoretical system of basic rights. Its justification approach follows a logical chain from a rights-based approach to basic rights. The difficulty in legalizing environmental rights reflects the disputes over the basis for environmental law. Reconstructing the right-based approach in environmental law can justify the rights-oriented path to the environmental rule of law. The basic rights system with human rights as the core can explain the constitutional environmental human rights. As the basic rights not enumerated in the Constitution, the environmental human rights have such functions as the right of self-defense, the right to benefit, and institutional, organizational and procedural guarantees due to its dual nature of subjective right and objective law.展开更多
In the era of big data,the ways people work,live and think have changed dramatically,and the social governance system is also being restructured.Achieving intelligent social governance has now become a national strate...In the era of big data,the ways people work,live and think have changed dramatically,and the social governance system is also being restructured.Achieving intelligent social governance has now become a national strategy.The application of big data technology to counterterrorism efforts has become a powerful weapon for all countries.However,due to the uncertainty,difficulty of interpretation and potential risk of discrimination in big data technology and algorithm models,basic human rights,freedom and even ethics are likely to be impacted and challenged.As a result,there is an urgent need to prioritize basic human rights and regulate the application of big data for counter terrorism purposes.The legislation and law enforcement regarding the use of big data to counter terrorism must be subject to constitutional and other legal reviews,so as to strike a balance between safeguarding national security and protecting basic human rights.展开更多
In response to the global financial crisis,China’s civil affairs au-thorities redoubled their effort in 2009 to improve the livelihood of the Chinese people and protect their basic rights and interests under the cons...In response to the global financial crisis,China’s civil affairs au-thorities redoubled their effort in 2009 to improve the livelihood of the Chinese people and protect their basic rights and interests under the constitutional principle of respectingand protecting human rights.展开更多
I. The Unfolding Situation of the Philosophy of Right to Be Informed in China and Early Construction of Government Information Publicity System The origin of the thought,known as China's protection of right to be inf...I. The Unfolding Situation of the Philosophy of Right to Be Informed in China and Early Construction of Government Information Publicity System The origin of the thought,known as China's protection of right to be informed and the construction of government information publicity system展开更多
Following is an interview by staff reporters of the Human Rights magazine with Zheng Silin, Chinese minister of labor and social security. The interview was meant in part to celebrate the tenth anniversary of the impl...Following is an interview by staff reporters of the Human Rights magazine with Zheng Silin, Chinese minister of labor and social security. The interview was meant in part to celebrate the tenth anniversary of the implementation of the Labor Law of the People's Republic of China that falls on January 1,2005. We are publishing this transcript with a view to providing our readers with information about how China has worked persistently to protect citizens' right to work and social security and the achievements it has made in this regard. We need to remind our readers of the fact that back in March 2004, the National People's Congress, China's highest legislature, approved a recommendation for revision of China's Constitution. In accordance with the recommendation, the Constitution had one more clause added: The state shall establish and improve a social security system commensurate to the level of the economic and social development.展开更多
Following is a transcript of an interview by our staff reporter with Zhou Ji, Minister of Education, on a range of questions concerning China's education. These include how China is reforming its education system,...Following is a transcript of an interview by our staff reporter with Zhou Ji, Minister of Education, on a range of questions concerning China's education. These include how China is reforming its education system, what the Chinese Government has done to protect the right of citizens to education, as well as the investment made by the state in education.展开更多
1. The Role of Human Rights Education in Promoting Human Rights Development 1. Human rights education shapes the soft environment for human rights development
"The pursuit of a clean, beau- tiful environment is among the most basic of humanrights, which deserves protection,'" said Luo Haocai, president of the China Society for Human Rights Studies. Luo made the remarks ..."The pursuit of a clean, beau- tiful environment is among the most basic of humanrights, which deserves protection,'" said Luo Haocai, president of the China Society for Human Rights Studies. Luo made the remarks during the Sixth Beijing Forum on Human Rights, which was held between opened on September 12 and 13, 2013. A healthy environment is espe- cially important to the Chinese people while the country is in the process of economic development, he said.展开更多
Introduction 2013 saw the sixth anniversary of the formulation of Regulations of the People's Republic of China on Disclosure of Government Information (hereinafter referred to as the Regulations) and the fifth ann...Introduction 2013 saw the sixth anniversary of the formulation of Regulations of the People's Republic of China on Disclosure of Government Information (hereinafter referred to as the Regulations) and the fifth anniversary of their being put into effect. As the Regulations were stipulated and put into force,展开更多
Although the academic community still has some theoretical divergences on whether environmental rights should be a basic human right or a basic constitutional one, there are an increasing number of countries including...Although the academic community still has some theoretical divergences on whether environmental rights should be a basic human right or a basic constitutional one, there are an increasing number of countries including this right in their constitution. Based on the constitutions in 193 countries, this paper aims to examine the fundamental situation of incorporating environmental rights into a constitution. It has been concluded that environmental protection as a right is written into a constitution in three aspects, namely, as a constitutional right, a civic duty, and a national policy, principle or social goal. Through summarizing these, this paper argues that including environmental rights in a country’s constitution is the means by which all citizens shall enjoy a good, healthy, sustainable and harmonious environment suitable for their development, have timely and comprehensive access to reliable information about environment, participate in making public decisions related to the environment, and ask for legal remedies and compensation for any infringement on their environmental rights, or injury or damage to their environmental property. But even after environmental rights are incorporated into a constitution, there may be theoretical and practical difficulties in their implementation.展开更多
文摘A common folk can sue an official? This was hardly possible in the past in China where the old feudalistic tradition dies hard. But this is really possible today when the common people cannot only sue officials and also get compensation if they are wronged. State compensation system It would be inevitable for government functionaries to cause damages to some citizens, legal persons or other organizations in the course of their management of the society. That is why China has established a State compensation system to compensate for the damages to citizens, legal persons and other organizations caused by government functionaries in exercising their power.
基金phased result of“Feasibility Demonstration of Basic Legislation on Artificial Intelligence”(Project No.2022K20263)a project of the Bureau of Law-based Cyberspace Governance at the Cyberspace Administration of China。
文摘Whether a new generation of human rights emerges in the digital age has sparked widespread debate.Academic understanding of digital technology remains confined to thinking about network technology and products,often overlooking the revolutionary nature of digital media.Digital media has the sweeping potential to unify all forms of media and reshape social life,giving rise to new demands for a new generation of human rights.The concept of digital human rights can be defined as the legitimate rights of human's infinitely extended personalities through digital media.Its core characteristic is its transcendency,where every person lives in a networked space that surpasses physical boundaries,nations,and individual personalities.Human rights are generally considered the foundation for basic constitutional rights,which,in turn,form the basis for legislative acts across various sectors.In recent years,China has enacted numerous laws in the digital domain to keep pace with the times,but due to the lack of guidance on digital human rights,these laws tend to be fragmented and disjointed.It is urgent to unify digital legislation at all levels on the basis of reshaping basic constitutional rights.Thus,it is essential to reshape the basic rights based on the concept and characteristics of digital human rights and streamline legislation at all levels under the unified guidance of basic rights.This can help establish a comprehensive digital human rights protection system that meets the demands of the modern era.
基金the national major project of social sciences“Research on Chinese Characteristics and System Construction of the Constitution Implementation Guarantee Mechanism”(Project Approval No.20ZDA030)the Ministry of Education Humanities and Social Science Key Base major project“New Development of Human Rights and Basic Rights in the Context of a New Era of Smart Society”(Project Approval No.19JJD820011)。
文摘The main function of basic rights is to defend against the state’s public power.the traditional theory of basic rights con-structs logic based on the dualistic framework of“state power and individual rights,”and deals with the dualistic horizontal relationship between“the state and individuals.”However,the increasing com-plexity of modern society has led to the emergence of different inter-ests and needs within society and the formation of new social powers,resulting in an unequal relationship between private subjects.In the digital era,this phenomenon has become particularly prominent,ev-idenced by the rise of data-based power and the frequent and serious intrusion of personal information by private subjects.In this context,the value of basic rights should radiate within society and function as a balancing force.taking the protection of personal information as an example,while innovating the idea of regulating society through basic rights,the state’s obligation to protect personal information should be further strengthened.Meanwhile,the direct effect of personal infor-mation rights,which are basic human rights,on the private subjects of data-based power should be established,so as to realize their function in balancing the interests of all parties in society.
文摘Marriage and family remain a universal and eternal subject of study. It covers law, ethics, sociology, psychology and even economics. Law and ethics play the most outstanding role in it. Family ethics and moral standards constitute an important part of social ethical system while marriage and family constitute part of the legal system nearest to the life of the common people. Since the founding of New China, the Party and the State have paid full attention to the marriage and family system. Compared with other laws, the law about marriage and family was the first to be legislated. On May 1, 1950, New China’s first law, the 1950 version of Marriage Law, was promulgated. Commenting on the legal document, Chairman Mao Zedong had this to say: Marriage law concerns
文摘From angles of administrative law and private law, the article analyzes relations between environmental right for citizens and the right to use environmental resources owned by company and enterprise and points out three principles to balancing two relations: A principle of equal protection, a principle that general interest is superior to special interest as well as taking an account for special interest, in specific circumstances, for example, in the circumstance that clashes between environmental and economic interests can not be avoided, policy makers can put an emphasis on more important social interest according after considering weight of each interest. Finally, the article reaches a conclusion that China should establish system of environmental right for citizens from legislative and administrative levels so that a harmonious society can be constructed with guarantee.
文摘In this era of dramatic,rampant,and incessant political change,predictions about the future can no longer be based either on conventional wisdom or historical precedent.Criminals have learned to take advantage of the dynamic globalization and the opening of borders in new and dangerous ways.In response to the global crime and human rights problems,this paper is an introduction to some of these developments in criminal justice system to fight crimes and to prevent human rights.Furthermore,this paper will also examine“sense of justice in criminal process”,and identifies“basic dilemma”problems in existing legal of criminal justice and human rights.It contains a series of new ideas that a disruptor to the judiciary system and policy-maker reforms aid in the prevention of criminalization to citizen rights and change impacts the criminal justice system to protect human rights to be seen globalization change justice for societies.
基金supported by the Ministry of Justice’s National Research project on the Theory of Law and the Rule of Law(Serial No.:17SFB306)China University of Political Science and Law’s Annual Research and Innovation Project on the Legal Attributes and Rights to Relief Contained in Road Traffic Signals(Serial No.:19ZFQ82007).
文摘Conceptually,health is subjective,procedural and socially reliant.This three-fold nature determines the connotations of the right to health as well as the constraints thereof.The right to health encompasses both the right to freedom and social rights.The right to freedom in the context of health means that the state should respect the health status and choices of its citizens and trust that the people are able to optimize their health through their own efforts,whereas the right to basic healthcare services is an important component of the right to health from the perspective of social rights.The review system stipulated in administrative normative documents increases,to a certain degree,the possibility that citizens can realize their right to health.The right to health is constrained in three aspects:"precondition of the possible",concurrent requirements imposed by society and conflicts among basic rights.When there is financial restraint on what the state can afford,the right to health is constrained by limits to healthcare institutions and the provision of healthcare services.over-emphasis of individual responsibility on the part of the insured can possibly transform the right to health into an obligation to be healthy.
文摘Given the dilemma facing legalization on environmental rights, it is necessary to re-examine the nature and function of environmental human rights under the theoretical system of basic rights. Its justification approach follows a logical chain from a rights-based approach to basic rights. The difficulty in legalizing environmental rights reflects the disputes over the basis for environmental law. Reconstructing the right-based approach in environmental law can justify the rights-oriented path to the environmental rule of law. The basic rights system with human rights as the core can explain the constitutional environmental human rights. As the basic rights not enumerated in the Constitution, the environmental human rights have such functions as the right of self-defense, the right to benefit, and institutional, organizational and procedural guarantees due to its dual nature of subjective right and objective law.
文摘In the era of big data,the ways people work,live and think have changed dramatically,and the social governance system is also being restructured.Achieving intelligent social governance has now become a national strategy.The application of big data technology to counterterrorism efforts has become a powerful weapon for all countries.However,due to the uncertainty,difficulty of interpretation and potential risk of discrimination in big data technology and algorithm models,basic human rights,freedom and even ethics are likely to be impacted and challenged.As a result,there is an urgent need to prioritize basic human rights and regulate the application of big data for counter terrorism purposes.The legislation and law enforcement regarding the use of big data to counter terrorism must be subject to constitutional and other legal reviews,so as to strike a balance between safeguarding national security and protecting basic human rights.
文摘In response to the global financial crisis,China’s civil affairs au-thorities redoubled their effort in 2009 to improve the livelihood of the Chinese people and protect their basic rights and interests under the constitutional principle of respectingand protecting human rights.
文摘I. The Unfolding Situation of the Philosophy of Right to Be Informed in China and Early Construction of Government Information Publicity System The origin of the thought,known as China's protection of right to be informed and the construction of government information publicity system
文摘Following is an interview by staff reporters of the Human Rights magazine with Zheng Silin, Chinese minister of labor and social security. The interview was meant in part to celebrate the tenth anniversary of the implementation of the Labor Law of the People's Republic of China that falls on January 1,2005. We are publishing this transcript with a view to providing our readers with information about how China has worked persistently to protect citizens' right to work and social security and the achievements it has made in this regard. We need to remind our readers of the fact that back in March 2004, the National People's Congress, China's highest legislature, approved a recommendation for revision of China's Constitution. In accordance with the recommendation, the Constitution had one more clause added: The state shall establish and improve a social security system commensurate to the level of the economic and social development.
文摘Following is a transcript of an interview by our staff reporter with Zhou Ji, Minister of Education, on a range of questions concerning China's education. These include how China is reforming its education system, what the Chinese Government has done to protect the right of citizens to education, as well as the investment made by the state in education.
文摘1. The Role of Human Rights Education in Promoting Human Rights Development 1. Human rights education shapes the soft environment for human rights development
文摘"The pursuit of a clean, beau- tiful environment is among the most basic of humanrights, which deserves protection,'" said Luo Haocai, president of the China Society for Human Rights Studies. Luo made the remarks during the Sixth Beijing Forum on Human Rights, which was held between opened on September 12 and 13, 2013. A healthy environment is espe- cially important to the Chinese people while the country is in the process of economic development, he said.
文摘Introduction 2013 saw the sixth anniversary of the formulation of Regulations of the People's Republic of China on Disclosure of Government Information (hereinafter referred to as the Regulations) and the fifth anniversary of their being put into effect. As the Regulations were stipulated and put into force,
基金one of the phased achievements of the project"Rights and Politics"(Project No.12JJD820001)a major project of the Humanities and Social Sciences Base of the Ministry of Education
文摘Although the academic community still has some theoretical divergences on whether environmental rights should be a basic human right or a basic constitutional one, there are an increasing number of countries including this right in their constitution. Based on the constitutions in 193 countries, this paper aims to examine the fundamental situation of incorporating environmental rights into a constitution. It has been concluded that environmental protection as a right is written into a constitution in three aspects, namely, as a constitutional right, a civic duty, and a national policy, principle or social goal. Through summarizing these, this paper argues that including environmental rights in a country’s constitution is the means by which all citizens shall enjoy a good, healthy, sustainable and harmonious environment suitable for their development, have timely and comprehensive access to reliable information about environment, participate in making public decisions related to the environment, and ask for legal remedies and compensation for any infringement on their environmental rights, or injury or damage to their environmental property. But even after environmental rights are incorporated into a constitution, there may be theoretical and practical difficulties in their implementation.