Initial Analysis on the Legal Protection of Consumers＇ Rights and Interests in Network Transaction

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.

The Prosecutorial Protection of Digital Human Rights

In the digital age,the rise of digital human rights has become an important expansion in the field of human rights.When advancing digital prosecution strategies,prosecutorial agencies should pay greater attention to the protection of digital human rights.The fragile state of digital human rights and the unique position of prosecutorial agencies in human rights protection make it imperative that prosecutorial agencies place more emphasis on fulfilling their responsibilities in legal oversight to promote the protection of digital human rights.Currently,prosecutorial agencies have strengthened the protection of digital human rights through such measures as promoting legal oversight with big data,enhancing the handling of criminal cases involving citizens'digital human rights,expanding the scope of public interest litigation protecting digital human rights,and improving their roles in civil and administrative prosecution.However,there are still challenges related to the inadequacy of updating the mindset,the incompleteness of measures,and the lack of innovation in mechanisms and systems.Therefore,prosecutorial agencies should further align with the implementation of digital prosecution strategies,update their human rights protection concepts,intensify efforts to combat cybercrime,strengthen the protection of citizens'personal information through prosecution,enhance public interest protection of collective digital human rights through public interest litigation,and actively innovate prosecutorial work mechanisms and systems to bolster the protection of digital human rights.

Theory on Introducing a Mandatory Attorney System into Civil Litigation from the Perspective of the Protection of the Right of Action

As an important rectifying mechanism to the involved parties-oriented civil litigation model,the mandatory attorney system requires the involved parties of a lawsuit to appoint a lawyer to represent them in the litigation,otherwise they will be rejected because the litigation requirements aren’t met.This seems to restrict the litigants’right to initiate a lawsuit by themselves.Through the arrangement of the system for the participation of lawyers in some litigation procedures,stages,and cases,coupled with the legal principle of litigation costs,the litigation costs sharing mechanism,legal aid,and other related supporting systems,it is not only a substantive guarantee for the litigants’right of action,but also can even strengthen the protection of the litigants’right of action in civil litigation.Based on the need to effectively protect and strengthen the litigants’right of action,combined with its civil litigation system and judicial operation environment,China should adopt a phased and gradual strategy to introduce and implement the mandatory attorney system in civil litigation while constantly improving its lawyer system,litigation costs system,legal aid system,and other related supporting systems.

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

The object of criminal legal aid refers to the person in a criminal case who has the right or eligibility toapply for legal assistance and who receives it. According to jurispru- dence, the object （or aid recipient） is a party in a given legal case, who is granted legal aid. They are often among the disadvantaged group in criminal cases, since most of them are mentally challenged, lack free- dom or have health problems.＇ Both international and domestic laws have certain norms regarding objects of criminal legal aid. Our domestic law places more emphasis on ＂defen- dants＂ while downplaying ＂suspects＂ and ＂victims＂ in identifying objects.

Legal protection of the rights of clinical trial subjects in China

Subjects in clinical trials, either patients with the target disease or healthy vohmteers, inevitably run a risk of injury or even death. To protect human subjects＇ rights to life and health, the Declaration of Helsinki has been developed as ＂a statement of ethical principles for medical research involving human subjects. Though widely regarded as a milestone in human research ethics, it is not a law or regulation, and is unable to effectively protect human subjects＇ rights. In this context, China beefs up its legal protection of clinical trial subjects.

Forty Years' Construction of Rule of Law and the Legalization of Human Rights Protection in China

A market economy requires the individual rights of citizens be protected, and that the exercising of those rights be regulated, whose realization depends on the legalization of human rights protection On the one hand, individual rights must be protected by law On the other hand, a law-based society needs to be built so the boundaries of individual rights are clear, the exercising of those rights are regulated, conflicts between rights can be resolved through the courts, and the personal infringement of others’ rights and the overall interests of the society is prohibited by law During the 40 years of China’s ref orm and opening-up in China, the promotion of the legal protection of human rights mainly lies in three aspects: first, the important role of the rule of law plays in protecting human rights has been clarified; second, the four steps of the rule of law(scientific legislation, strict law enforcement, judicial justice and observance of the law by all Chinese citizens) have been strengthened to safeguard human rights fully and effectively; third, the Chinese human rights system under the rule of law has gradually been aligned with international norms.

Protection of Human Rights Under China's Legal System——An interview with Prof. Wan Exiang

Wan Exiang, professor of the Law School of Wuhan University, doubles as justice and vice-president of China's Supreme People's Court. He is also vice-chairman of the Revolutionary Committee of the Chinese Kuomintang, one of the democratic parties in China, and member of the Tenth National Committee of the Chinese People's Political Consultative Conference, China's highest consulting body. Prof. Wan is reputed in China and abroad for his achievements in study of international human rights laws and also as the founder of the Wuhan University Center for Protection of the Rights of the Underprivileged in Society, the first of its kind ever set up in the country. Since its founding a decade ago, the center has won a fame for the quality legal services it renders to needy people in their tens of thousands, including disabled people, juveniles, women and workers laid off from state-owned enterprises in the course of China's economic restructuring. While a press favorite at home, the center has received coverage by the NHK TV of Japan, Washington Post of the United States, Phoenix TV of Hong Kong and numerous other media outside the Chinese mainland. Following is an interview with Prof. Wan Exiang, in which he discussed how human rights are protected under China's legal system and in what ways the system should be improved.

New Realms and New Highlights in the Legal Protection of Human Rights——Theoretical and Practical Innovations in the Legal Protection of Human Rights Since the 18th CPC National Congress

Since the 18th National Congress of the Communist Party of China （CPC）, the system for the legal protection of human rignts under socialism with Chinese characteristics has experienced innowtive development. In particular, the Decision on Certain Key Issues on Comprehensively Deepening Reform, which was adopted by the Third Plenary Session of the 18th CPC Central Committee, has made major reform arrangements related to the system and mechanisms for the legal protection of human rights under socialism with Chinese characteristics. Taking the theoretical and practical innovations since the 18th CPC National Congress in the protection of human rights as its perspective, this, article discusses new realms and new highlights in the legal protection of human rights.

New Progress in the Legal Protection of Human Rights in China

December 2017 Contents PreambleⅠ.Improving the Legal Framework to Ensure Human RightsⅡ.Promoting Law-based Administration to Protect the Citizens’Lawful Rights and InterestsⅢ.Effectively Enhancing Judicial Protection of Human RightsⅣ.Consolidating Social Mechanisms for Legal Protection of Human RightsⅤ.Strengthening the CPC Leadership over Legal Protection of Human RightsⅥ.Actively Promoting the Development of Global Human Rights Under the Rule of Law

Promote Legal Protection of Human Rights

One. On the constitutional principle for human rights In March 2004, the Constitution of the People’s Republic of China was revised at the Second Session of the Tenth National People’s Congress (NPC). The clause that "The state shall respect and protect human rights" was written into the Constitution for the first time, thus making the policy of the Chinese government and the ruling Communist Party for respecting and protecting human rights a constitutional principle and the will of the people and the state. The revision means stronger protection for human rights in China, and it is meant to promote the development of the country’s human rights cause in its

Strengthen the Legal Protection of Human Rights and Promote the Development of Human Rights Cause

The 19;National Congress of the Communist Party of China established Xi Jinping’s socialist ideology with Chinese characteristics in a new era,and opened up a new era for the socialist construction with Chinese characteristics.This indicates the direction for China’s human rights cause to move towards a new era,which has laid

The Development of a Law-based Society Contributes to the Legal Protection of Human Rights in China

Over the past 40 years of reform and opening up,the Party and the State have gained a richer and deeper understanding of human rights.In 1997,the 15;Communist Party of China National Congress Report put forward"respect for human rights".In 2004,the idea that"the State respects and protects human rights"was written into

Protection of Minority Linguistic Rights from the Perspective of Human Rights

The protection of minority rights and the construction of a multi-ethnic country are two aspects of the same historical process. Language is one of the most prominent characteristics and symbols of an ethnic group. The diversity of languages is also the common wealth of the entire human race. Linguistic rights are an important part of the cultural rights of ethnic minorities. Recognizing and guaranteeing the rights of ethnic minorities to live, study, and work and to enjoy and develop their own culture and language is the significant contents of their rights. The Chinese government has always attached importance to the protection of cultural rights and other rights of ethnic minorities, including language rights. The Constitution of the People’s Republic of China, the National Regional Autonomy Law, and other laws and regulations as well as the National Human Rights Action Plan of China and other policy documents all have relevant provisions, which help to form a harmonious and diverse multi-ethnic development pattern.

On the Protection of the Rights of Future Generations in the Context of Human Germline Genome Editing

Human germline genome editing has inherent risks in the use of the technologies, as well as unknown genetic and social risks. The application of such technologies by the present generations will adversely affect human dignity, right to life and health, right to biological information integrity, genetic autonomy and other specific rights of future generations. Legal protection should be provided for the rights of future generations affected by human germline genome editing, which is supported by the theories of intergenerational equity,the intergenerational social contract and an intergenerational community with a shared future for human beings. In spite of the continuously improved regulation of germline genome editing in China, the attention paid to the rights of future generations remains insufficient.Learning from international legislation, in combination with the current research and applications of germline genome editing, China can strengthen the protection of the rights of future generations in the context of human germline gene editing from three aspects: clarifying the principles and contents regarding the rights protection of future generations, strengthening the oversight of germline genome editing,and promoting the implementation of laws and regulations such as the Biosecurity Law.

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

The People＇s Republic of China Social Insurance Law （draft） has undergone three readings at the Standing Committee of the National People＇s Congress. The Law, once promulgated, will be of great significance to implementation of the constitutional principle of ＂respecting and protecting human rights.＂ It will help regulate the various social insurance relationships and the rights and obligations of the parties involved.

On the Value of the Legalization of Political Participation in Protecting Human Rights

It＇s necessary to legalize political participation in contemporary China because of its value in protecting human rights in terms of function and value. That is, the legalization of political participation aims to promote human rights protec- tion. What＇s more, the legalization of political participation in contemporary China and the maturity of the pro- motion of interest coordination and the rule of law, also show the great development of democracy and politi- cal stability in China.

数据产权刑法保护模式的构建

数据产权是一种具有财产权属性的新型权利,该权利与虚拟财产权和知识产权具有明显差异。数据产权属于刑法保护的公法益范畴,其应归属于市场经济秩序法益之中。现行刑法有关财产犯罪、知识产权犯罪和数据犯罪的规定均无法实现对数据产权的全面保护。刑法对数据产权的保护应以促进数据流通为主要目标,且应当覆盖数据处理的各流程阶段。对侵犯数据产权行为进行刑法规制时,应对“未经同意”获取数据行为审慎入罪。应增设妨害数据流通管理秩序罪,对“情节严重的”妨害数据流通管理秩序行为予以刑法规制。