Human Rights in Civil Judicial Documents:Conception and Function

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

Modernization and the Diversity of Human Rights Among Civilizations--Review of the 2023 China-europe Seminar on Human Rights

Human rights are an achievement of humanity and a symbol of progress.Respect for and protection of human rights are basic principles of modern civilization.Around the world,countries and regions have chosen different paths to modernization,which are rooted in their unique civilizations.to promote exchanges and mutual learning among civilizations,facilitate human rights exchanges and cooperation between different countries,and advance the global development of human rights,on September 20,2023,the 2023 China-europe Seminar on Human Rights was held in Rome,the capital of Italy.Under the theme of“Modernization and the Diversity of Human Rights Among Civilizations,”the seminar focused on discussing topics such as exchanges and mutual learning among civilizations and the development of modern human rights philosophy,modernization and the free and well-rounded development of every person,sustainable development in the process of modernization,and the evolution of the civilization of human rights in the digital age.participants reached the following consensuses at the event:First,the participants from various countries spoke highly of the great achievements that China has made in human rights cause and fully recognized China’s contributions in promoting the development and progress of the global human rights cause;Second,the participants from all countries agreed that it is necessary to discard the concept of“Western-centrism,”transcend the mindset of“cultural superiority,”promote human rights exchanges and mutual learning among civilizations on the basis of equality and mutual respect,and inject new impetus into the diversity of human rights among civilizations;third,participants reaffirmed that human rights represent an open concept,and that we should discuss the development of human rights with an open mind and jointly promote the progress of human rights in the world.

The Implications of Sports Rights in Building a Leading Sports Nation

As a basic human right,sports rights are increasingly recognized by the international community.The national legislation and strategic plan for building China into a leading sports nation have contributed to forming a multi-field and all-round sports rights protection system.From the perspective of proactive rights and passive rights,sports rights include the freedom to choose free from illegal interference and reflect the social rights for which the state will guarantee the resources.From the perspective of basic rights and ordinary rights,the right to equal participation,the right to sports health,and the right to education constitute the main content of sports rights as a basic right,and the right to sports culture is the concentrated expression of ordinary rights.From the perspective of individual rights and collective rights,the right to sports achievement is a concentrated reflection of the former.Meanwhile,the latter covers the protection of sports rights of vulnerable groups and the balanced development of regional sports.The strategic plan for building a leading sports nation has further clarified China’s basic obligation in safeguarding sports rights in terms of legislative policy planning,financial support,life-cycle services,sustainable development,playing the role of stakeholders and strengthening sports cooperation with other countries and regions,including Hong Kong,Macao and Taiwan.

On the Legal Protection of Sports Rights of Persons with Disabilities in China

Although China has formed a legal system for the protection of the rights and interests of persons with disabilities and a sports legal system,it cannot be concluded that the legal protection system of sports rights of persons with disabilities has been established.The basis of the legal protection of sports rights of persons with disabilities in China originates from a“bundle of basic rights”defined by the Constitution.The legal protection is characterized by diversified standards and norms,high levels of effectiveness and various contents of legislation.Compared with the right to rehabilitation,the right to employment,and the right to education,the legal protection of sports rights of persons with disabilities still faces the problems of unclear distribution of administrative supply responsibility and lack of corresponding judicial relief in the protection model of public-private partnership.To better realize the rights and interests of persons with disabilities and ensure the goal of“equality,participation,and sharing,”it is necessary to promote the equalization and diversification of legal protection for sports rights of persons with disabilities,so as to realize equal rights,all-round development,and social integration.For the purpose of improving the legal protection of sports rights of persons with disabilities,the principle of subsidiarity should be introduced into the protection model of public-private partnership,and administrative public interest litigation should be taken as a new channel to protect rights,to realize the coordinated development of mass sports,competitive sports,and the sports industry of persons with disabilities.

宪法上的Civil Rights是公民权利吗?——解读constitutional civil right

作为西方法律文化的产物 ,constitutionalcivilrights有其独特的自然法背景。本文通过对西方法律思想史、宪法史和美国最高法院司法实务见解的梳理与综合分析 ,认为将constitutionalcivilrights译为“公民权利”属于误读 ,它混淆了依据人的属性和依据公民资格而获得的权利之间的道德区别。应将其译为“私人权利” ,明确这一权利体系的前国家与超国家特征 ,使其区别于实证法律传统之下个人依赖作为政治社会成员资格所享有的公民权利 ,并区分宪法权利与民事权利之间的差异。在法官的解释下 ,constitutionalcivilrights还呈现出开放特性 ,是一个能够感应时代变化的、发展的权利体系。

Analysis of the Focal Issues of the Implementation of the Block System Reform in China--From the Perspective of the Protection of Civil Rights

In February 2016, the Central Committee of the Communist Party of China and the State Council of China issued the "Several Opinions of the CPC Central Committee and the State Council on Further Strengthening the Management of Urban Planning and Construction", stating that, in principle, closed residential areas will no longer be constructed and will be replaced by the promotion of the block system. This change in policy has aroused a great deal of controversy in various circles of society in China. In 2017, Chengdu, the capital city of Sichuan province, made an innovative attempt to implement "small block regulations." In 2018, the first "block system" public rental housing district appeared in Beijing, the capital of China. These innovative practices have promoted the pace of block system reform in China, but in general, the implementation of block system reform is difficult. From the perspective of public opinion, it seems that many citizens misunderstand the block system. This may be due to the complex interactions among community environmental management, public security, privacy, and other factors where individual interests and public interests meet. This article, from the perspective of the protection of civil rights, analyses the advantages and disadvantages of the block system at the value level, distinguishes the differences between the block systems of China, the UK and the US and then puts forward the theory that the block system reforms for newly built and existing residences are different and should be implemented independently. Concerning the key point of the block system reforms, the "greater difficulty in the implementation of the block system reform in the existing residential quarters" is the proposal to expropriate the commonly owned internal roads and appropriately compensate the residents. Finally, to cope with the core issues effectively, this article advocates gradual implementation of the block system reforms in China, including legislation, policy transformation, cultural construction, and pilot trials to promote the success of the implementation.

The Contributing Factors of Black Women's Devotion to Self-empowerment in the Later Civil Rights Movement

From the beginning the civil rights movement,black women had thrown themselves into the fighting for racial liberation.However,since the mid-1960s black women began to pay more attention to their own empowerment for many intricate and complex reasons.This paper focuses on what resulted in gradual shifting of black women to self-empowerment.

Human Rights Consensus and the Common Prosperity of Civilizations--A Summary of Views at the “2018·China-Europe Seminar on Human Rights”

The "2018·China-Europe Seminar on Human Rights" was successfully held at the College of Europe in Bruges, Belgium, on June 28. The seminar was hosted by the China Society for Human Rights Studies and the International Institute of Human Rights, and was organized by the Human Rights Institute at the Southwest University of Political Science and Law and the French ADELIE Language and Cultural Exchange Association. The University of Strasbourg, Vrije Universiteit Brussel and European Institute for Political and Strategic Communication were served as co-organizers. Over 60 experts and scholars in the field of human rights from China and Europe attended the seminar in search of the diversity of civilization and human rights protection, focusing on themes such as "the philosophy of human rights in a Chinese context", "the philosophy of human rights in the Universal Declaration of Human Rights and its reflection", "human rights theory and practice in a pluralistic world", "human rights exchanges and dialogues under the diversity of civilization", and "in search of human rights consensus in diverse civilizations." In the context of respecting diversity, the seminar sought a consensus to promote trans-cultural communication in the form of dialogues and to strengthen understanding between the academic circles of China and Europe.

China's Criminal Law Reform from the Perspective of the International Covenant on Civil and Political Rights

The International Covenant on Civil and Political Rights reflects the world’s perception of human rights, and is of vital importance in the field of international human rights. The Covenant has been signed by Chinese government. Although not ratified yet, it will definitely have an impact on the reform of China’s Criminal Law. Therefore, it is necessary to further change our notion of the criminal law system by defining the boundary between public power and civil rights and developing the view of human rights protection. In terms of the specific system, it is necessary to further reduce the number of crimes punishable by the death penalty and limit the application of the death sentence, improve China’s Criminal Procedural Law to protect the fundamental rights of suspects and defendants in terms of compulsory measures, investigation means and judicial form, and add some charges like enslavement and illegal human experimentation, which are criminalized around the world, so as to be in line with the requirements of international human rights protection.

Human Rights Implications of the Civil Code of the People's Republic of China

Putting the people first in human rights protection is the most distinctive feature of the outlook on human rights in contemporary China. The codification of the Civil Code of the People’s Republic of China reflects the people’s legislation for themselves, which is guided by the principle of putting the people first in its external system and internal values. Functionally, the Civil Code of the People’s Republic of China reflects the obligation of the country to protect human rights, constructs the framework relationship between the country and individual people, and perfects the mechanism for human rights protection. The continuous expansion of the types, contents, and functions of civil rights in the Civil Code of the People’s Republic of China is required by the broad scope of human rights, with an aim to realize a happy life for the people, the most important human rights, and protect people’s personal rights, property rights, and right to dignity through specific rules. The universal sharing of human rights requires the universality of the subjects of civil rights. The equal sharing of human rights requires the equality of forms of civil rights protection. Meanwhile, it further requires the substantive equality of civil rights protection. Attention is paid to protecting the rights and interests of specific groups in external and embedded ways.

The Empirical Investigation and Improvement Path of Judicial Protection of Civil Litigation Rights in China

The close coupling of civil litigation rights and human rights mean how well litigation rights are realized can directly or indirectly affect the judicial protection of human rights.Therefore,human rights protection in the field of civil litigation should take the right of civil litigation as the starting point and core.Based on a sample questionnaire survey of judges and lawyers,this paper conducts an empirical analysis and proposes that the exercise of this right should be taken as the main line to build a comprehensive protection mechanism for this right to realize its role in providing an institutional guarantee for human rights protection.It specifies three aspects:first,the process of filing a case should uphold the freedom and equality of the right to initiate litigation,remove substantial obstacles that affect the filing of the case,and ensure access to justice for disadvantaged groups;second,the trial procedure should have strengthened checks and balances on judicial power to ensure the right of litigation is compromised,and respects the procedural subject status of the two parties to realize equal protection of both parties;the third is to promote the implementation and improvement of relief for this right in the supervisory procedure,clarify the boundary of its relief by procuratorial supervision,and enhance the comprehensiveness and accuracy of the relief.

Diversity of Civilization and Development of the World Human Rights Cause——Summary of “2019 South-South Human Rights Forum”

From December 10 to 11,2019,the State Council Information Office and the Ministry of Foreign Affairs jointly held the 2019 South-South Human Rights Forum in Beijing.Participants from more than 80 countries,regions and international organizations discussed and exchanged views on such topics as"the practices and experiences of human rights protection in the countries of the Global South","path of human rights development against the background of the diversity of civilizations","building a Community with a Shared Future for Human Beings and global human rights governance".Participants in the forum actively voiced their national human rights views,exchanged human rights development experiences,explored human rights development paths in developing countries,and reached broad consensus.In an international environment featuring the rise of unilateralism and hegemonism,the South-South Human Rights Forum issued a strong message of solidarity and cooperation among developing countries on human rights issues,and also conveyed to the world the firm determination of developing countries to jointly promote the healthy development of the world’s human rights cause.

2008,Sporting Show Booms at the Right Time

The year of 2008 is the year of Olympic.The city of Beijing,being the host city for the game,implicates numerous potential business opportunities significantly,especially for the sporting goods industry. In china,due to the abundant labor resources,market potentials and favorable policies,the sporting goods industry has developed markedly:within more than 50 years,it

Realization of the Right to Economic Assistance of Women with Disabilities in Divorce from the Perspective of the Civil Code

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.

Civil Society to Be More Active in Human Rights Affairs

Nobody can become an expert on the United Nations in one week. But a week-long training workshop on international human fights treaties in Geneva, Switzerland may herald more active participation of China＇s civil society in the country＇s commitment to these principles.

Civil Affairs Authorities Bent on Protecting People's Basic Rights

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.

The Modernization of State Governance Will Promote Protection of Civil and Political Rights

The modernization of state governance and innovation in governing measures will strengthen the protection of human rights in China, including civil and political rights. Firstly, legal control over public power will reduce arbitrary restrictions on civil rights. Secondly, public participation in policy-making will provide more opportunities for citizens to exercise their political rights. Thirdly, governing by law will better guarantee equal protection of law for all people. Fourthly, an effective accountability mechanism will reinforce people's right of supervision. Lastly, innovation in governing measures will help identify and satisfy citizens' demands.

The Protection of the Right to Dignity in the Connection and Interaction between the Constitution and Civil Law

In the report of 19;National Congress of the Communist Party of China,General Secretary Xi Jinping said that China seeks to"accelerate development of the crime prevention and control system,combat and punish in accordance with law all illegal and criminal activities such as pornography,gambling,drug abuse,gang violence,kidnapping,and fraud,and protect people’s personal rights,property rights,and right