Interpreting the Universal Declaration of Human Rights from political,juridical and philosophical perspectives is es-sential for promoting the guiding principles of the Declaration,build-ing consensus on human rights,...Interpreting the Universal Declaration of Human Rights from political,juridical and philosophical perspectives is es-sential for promoting the guiding principles of the Declaration,build-ing consensus on human rights,and advancing human rights practice in the new historical context.To conduct an academic,systematic in-terpretation of the Declaration that conforms to the trends of the times and answers the fundamental questions of the world,it is necessary to find a new research paradigm.The common values of humanity,namely peace,development,equity,justice,democracy and freedom,put forward by Xi Jinping,general secretary of the Communist Party of China(CPC)Central Committee,provide the most explanatory and penetrating scientific paradigm for reaching the issue.This paper an-alyzes and reflects on the views,value foundation and principled(con-tractual)consensus of human rights in the Declaration,and narrates and foresees the far-reaching significance of the three global initia-tives(namely,the Global Development Initiative,the Global Security Initiative,and the Global Civilization Initiative)with the common val-ues of humanity as the soul in advancing the modernization of global human rights governance and building a new form of human rights civilization.展开更多
On December 4,2023,the China Society for Human Rights Studies hosted a seminar in Beijing commemorating the 75^(th) Anniversary of the Universal Declaration of Human Rights.Participants discussed topics such as the si...On December 4,2023,the China Society for Human Rights Studies hosted a seminar in Beijing commemorating the 75^(th) Anniversary of the Universal Declaration of Human Rights.Participants discussed topics such as the significance of the Universal Declaration of Human Rights,China’s theories and practices in respecting and safeguarding human rights,the three global initiatives and global human rights governance,human rights protection in the digital age,and telling Chinese stories of human rights in the new era.The discussions led to a broad consensus and achieved positive results.展开更多
In the example of formulating the Universal Declara-tion of Human Rights in 1948,which involved international human rights discourse,the“cross-cultural consensus”put forward based on Confucian culture by Zhang pengc...In the example of formulating the Universal Declara-tion of Human Rights in 1948,which involved international human rights discourse,the“cross-cultural consensus”put forward based on Confucian culture by Zhang pengchun,the Chinese representative at that time,is widely considered an empirical reference for resolving confrontations and conflicts in the practice of human rights discourse.However,the effectiveness of this kind of cross-cultural consensus in addressing confrontations and conflicts is worth considering.Under the presumption of cultural differences,any attempt to resolve confrontations and conflicts in the human rights discourse must address the inherently controversial issues.the settlement of disputes and differences depends on how deep the consensus involves the values.Based on this,it reveals that the effectiveness of Zhang pengchun’s so-called contribution is limited.therefore,we should not overstate its relevance to the current human rights discourse.展开更多
On the occasion of the 30thanniversary of the adoption of the United Nations’ Declaration on the Right to Development,representatives from various countries have gathered in Beijing to attend the "Sharing the De...On the occasion of the 30thanniversary of the adoption of the United Nations’ Declaration on the Right to Development,representatives from various countries have gathered in Beijing to attend the "Sharing the Development:Create More Benefits展开更多
At present, the value revealed in the Universal Declaration of Human Rights is under attack, and the consensus on human rights value is experiencing division globally,which asserts that "human rights can only be ...At present, the value revealed in the Universal Declaration of Human Rights is under attack, and the consensus on human rights value is experiencing division globally,which asserts that "human rights can only be provided by paradox". The root of this is that" reason ",the metaphysical nature of human rights proclaimed in the Universal Declaration of Human Rights,is infinitely magnified while the " spirit " is ignored. History and philosophy show that the Universal Declaration of Human Rights entails the Confucian ethical " spirit ".At this time,this potential factor is gradually emerging in the course of world history and became a force to bridge the global division of human rights values. The significance of Confucian ethics " spirit " to the Universal Declaration of Human Rights lies in: from the perspective of " spirit ", its holistic view, bridging individual rights and collective rights; its relational view focuses on the realization of human rights and transcends the " paradox of human right; progressing from the value consensus to common action, so that in the process of judging the progress of human rights in the world, we consider not only the value consensus, but also the common action.展开更多
Introduction The Universal Declaration of Human Rights (UDHR or Declaration) adopted by the UN General Assembly is not a legally binding treaty per se. As early as the Drafting Committee was making out a draft, hea...Introduction The Universal Declaration of Human Rights (UDHR or Declaration) adopted by the UN General Assembly is not a legally binding treaty per se. As early as the Drafting Committee was making out a draft, heated discussions and debates had been carried out for many times with regard to the nature of the UDHR. At last, the present form of UDHR was taken according to chairperson of the Commission on Human Rights Eleanor Roosevelt's view of pragmatism in order to provide moral guidance for UN Member States.展开更多
Nursing Science is an ever-changing science. As new research and clinical experience broaden our knowledge, chan- ges in treatment are required. The authors and the publisher of this work have checked with sources bel...Nursing Science is an ever-changing science. As new research and clinical experience broaden our knowledge, chan- ges in treatment are required. The authors and the publisher of this work have checked with sources believed to be reliable to their efforts to provide information that is complete and generally in accord with the standards accepted at the time of publication. However, in view of the possibility of human individual diversity and constant development in medical sciences, neither the editors nor the publisher nor any party who has been involved in the preparation or publication of this work warrants that the information contained herein is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from use of such information. Readers are encouraged to confirm the information contained herein with other sources and give medications under the guidance of professional personnel.展开更多
On June 19,the“Amman Declaration”was released at the second Entrepreneur Conference of China-Arab Cooperation Forum,which lasted two days in Amman,capital city of Jordan.Some one thousand business representatives,co...On June 19,the“Amman Declaration”was released at the second Entrepreneur Conference of China-Arab Cooperation Forum,which lasted two days in Amman,capital city of Jordan.Some one thousand business representatives,coming from China and 16 Arabian countries,have reached a unanimous consensus that China-Arab bilateral economic and trade cooperation should be reinforced based on mutual respect as well as equality and mutual benefits.展开更多
The application of artificial intelligence algorithms in public services brings with it issues such as algorithmic discrimination and inequality.The discussion of the ethics and regulation of algorithms,from the legal...The application of artificial intelligence algorithms in public services brings with it issues such as algorithmic discrimination and inequality.The discussion of the ethics and regulation of algorithms,from the legal perspective,is actually the relationship between intelligent algorithms and the protection of human rights.In response to the discrimination and prejudice of algorithmic violations of human rights,a coalition of nonprofit organizations released the Toronto Declaration on Machine Learning regulates the development and use of algorithms with the principle of"due process."The Ethics Guidelines for Trustworthy AI issued by the European Union in 2019 focus on the participants in algorithm development.While US courts that the algorithms enjoy the right to"freedom of speech".China should learn from the foreign algorithm regulation experience,and seek to establish an overall framework of government regulation that balances the need for technological innovation and commercial competition with human rights protection.展开更多
As early as the 18th century,Confucian liberalism of considering others in one s own place was integrated into the provisions of freedom of the Declaration of the Rights of Man and of the Citizen.In 1948,the Confucian...As early as the 18th century,Confucian liberalism of considering others in one s own place was integrated into the provisions of freedom of the Declaration of the Rights of Man and of the Citizen.In 1948,the Confucian idea of benevolence and other liberalism had an important influence on the drafting and content of the Universal Declaration of Human Rights.The fulcrum of Confucian liberalism is self-discipline based on benevolence.The code of conduct created by Confucianism of"What you do not want done to yourself,do not do to others"has the social effect of safeguarding people’s negative freedom;the code of conduct of"while establishing himself and pursuing success,also works to establish others and enable them to succeed as well"has the social effect of safeguarding people s positive freedom.Confucian liberalism is social-oriented,which adheres to the unity of everyone’s freedom with the freedom of others,and the idea that individual freedom lies in the overall freedom of the social community.It is based on the conscience(benevolence)of the way of considering others in one’s own place and the practical path from the obligation to rights and freedoms are prominent features of traditional Chinese culture.It is consistent with the Universal Declaration of Human Rights’provision that everyone has duties to the community,and is similar to Marx’s philosophy that"the free development of every human being is the condition of the free development of all human beings",and is a unique system of liberal discourse that is different from Western liberalism.展开更多
The Universal Declaration of Human Rights was the first common commitment of the international community to human rights. It demonstrated the belief and determination of humanity to maintain peace, democracy and human...The Universal Declaration of Human Rights was the first common commitment of the international community to human rights. It demonstrated the belief and determination of humanity to maintain peace, democracy and human dignity. The process of formulating the Declaration was difficult. But in the spirit of cooperation,countries finally succeeded in reaching a consensus on human rights.The making of the Universal Declaration of Human Rights had great value and significance for promoting world peace and development,and it has had a far-reaching impact on the rule of law in international human rights and the development of the human rights legal systems in various countries. A re-examination and analysis of the process of formulating the Universal Declaration of Human Rights will help us understand the purposes and objectives of the Declaration and review the great value of the spirit of the Declaration to the world today.展开更多
The discourse power over the right to development is the basis for value consensus and practical effect of the right to development. Over the three decades since the adoption of the United Nations' Declaration on ...The discourse power over the right to development is the basis for value consensus and practical effect of the right to development. Over the three decades since the adoption of the United Nations' Declaration on the Right to Development, China has developed an innovative discourse system and practices on the right to development and contributed a series of original new concepts, new propositions and new ideas to the right, which may be generally summarized as ten major aspects: in terms of orientation, the right to development is a primary fundamental human right; in terms of the nature, the right to development is an essential requirement of socialism; in terms of strategy, the right to development is to be implemented through the strategy that 'development is the primary task'; in terms of contents, we should realize the right to development integrating economy, politics, culture, society and ecological conservation; in terms of concept, we propose that people equally participate in the equal right to development; in terms of principle, we should stick to the people-centered orientation of the right to development; in terms of steps, we should enhance the right to development in the Chinese dream for the great revitalization of the Chinese Nation; in terms of focus, we should construct a fair social security system; in terms of method, we should promote the right to development by the idea and method of rule of law; in terms of ideas, we should guide the right to development by an innovative, coordinated, green, open and sharing outlook on development.展开更多
The UN Charter first of all affirmed the basic concept of international protection of human rights and opened up a broad space for international protection of human rights. The Universal Declaration of Human Rights is...The UN Charter first of all affirmed the basic concept of international protection of human rights and opened up a broad space for international protection of human rights. The Universal Declaration of Human Rights is an important document in the development of the international human rights cause. It established a set of international standards for basic human rights, represents the world’s most important consensus on human rights, and contributes greatly to the creation of an international human rights legal system. The important theory put forward by President Xi Jinping to build a Community with a Shared Future for Human Beings, as a Chinese program for today s global major issues, also outlines a new blueprint for national human rights protection and will play a major role in promoting the development of China’s human rights and international human rights protection.展开更多
This year is the 70th Anniversary of the universal Declaration of Human Rights.It is of great importance for the China Society for Human Rights Studies and the China Foundation for Human Rights Development to hold a s...This year is the 70th Anniversary of the universal Declaration of Human Rights.It is of great importance for the China Society for Human Rights Studies and the China Foundation for Human Rights Development to hold a symposium to commemorate and discuss the historical significance and value to the times of the universal Declaration on Human Rights.展开更多
The concept of human rights was put forward by european and american countries in modern times, which bears a strong european and american cultural influence? but human rights have since experienced a slow process of ...The concept of human rights was put forward by european and american countries in modern times, which bears a strong european and american cultural influence? but human rights have since experienced a slow process of neutralization? During the drafting process of the universal Declaration of Human Rights from 1947 to 1948, the concept of human rights experienced the neutralization of multiculturalism, making it the Declaration a matrix accepted by various cultures, which thus laid a foundation of consensus for its continued expansion and wide adoption?展开更多
Human dignity is the fundamental concept of the Universal Declaration of Human Rights and serves as the theoretical backbone for the international human rights system. Chinese culture has an excellent tradition of tre...Human dignity is the fundamental concept of the Universal Declaration of Human Rights and serves as the theoretical backbone for the international human rights system. Chinese culture has an excellent tradition of treasuring the dignity and value of people. The provisions on dignity in the Declaration can find their historical origins in traditional Chinese culture. The dignity of people has a supreme status and value in traditional Chinese culture. Chinese "etiquette" culture has a long tradition of respecting the dignity of people.Achieving benevolence through etiquette is the basic way to protect human dignity. Etiquette in ancient China was constrained by inequality and historical limitations, but it also had the elements of respecting or honoring others, and had the practical function of respecting, maintaining and achieving human dignity. The effective implementation of etiquette requires the fulfillment of people’s basic needs. Progressing from xiao kang(moderate prosperity) to da tong(great harmony) is the process of approaching the human rights standards of human dignity and equal rights that all nations and all peoples should strive to achieve.展开更多
March 15,2017,is bound to be viewed as an important day in the history of law in China,as it was on this day that the General Provisions of the Civil Law of the People’s Republic of China(hereinafter referred to as G...March 15,2017,is bound to be viewed as an important day in the history of law in China,as it was on this day that the General Provisions of the Civil Law of the People’s Republic of China(hereinafter referred to as General Provisions of the Civil Law)were adopted at the fifth Session of the Twelfth National People’s Congress of展开更多
Article 471 of the Civil Code of the People’s Republic of China(hereinafter referred to as“the Civil Code”)stipulates that contracts may be formed not only through offer and acceptance but also through“other means...Article 471 of the Civil Code of the People’s Republic of China(hereinafter referred to as“the Civil Code”)stipulates that contracts may be formed not only through offer and acceptance but also through“other means.”However,the Civil Code does not provide further clarification on what“other means”entail.This statutory provision represents a departure from the traditional theory of contract formation,which requires a“meeting of the minds.”This study seeks to identify the jurisprudential basis of the Civil Code as a positive law and finds that the theory of de facto contracts,proposed by German scholar Günter Haupt in his lecture titled“On Factual Contractual Relationships”provides a theoretical foundation for the Civil Code’s inclusion of alternative methods of contract conclusion.The theory of de facto contracts argues that for certain types of conduct,the formalities of offer and acceptance are not essential.Instead,contracts can be established through factual processes.This view introduces flexibility to the otherwise rigid doctrine of contractual freedom,allowing for more streamlined and logical judicial analysis.It also balances economic efficiency with principles of fairness and justice,serving the normative values underlying contract law.In this paper,the author proposes that the term“de facto contract”be precisely defined within the context of legislative and judicial practice.This article also recommends limiting the original concept described by Haupt to contracts formed based on legally prescribed factual processes or behaviors.Such contracts can be tentatively termed as“statutory de facto contracts,”which could be examined as a distinct category of contracts in legal theory.展开更多
I.The History of the Drafting of the Universal Declaration of Human Rights:the Position and Role of the UN Economic and Social Council and the General Assembly of the United Nations should not be Ignored The reason fo...I.The History of the Drafting of the Universal Declaration of Human Rights:the Position and Role of the UN Economic and Social Council and the General Assembly of the United Nations should not be Ignored The reason for me to use the term "source"in the discussion on the right to subsistence展开更多
基金the major special project of the Ministry of Education for Philosophy and Social Science Research, “Research on the Basic Theory and Core Essence of Xi Jinping Thought on the Rule of Law” (Project Approv-al Number 2022JZDZ001).
文摘Interpreting the Universal Declaration of Human Rights from political,juridical and philosophical perspectives is es-sential for promoting the guiding principles of the Declaration,build-ing consensus on human rights,and advancing human rights practice in the new historical context.To conduct an academic,systematic in-terpretation of the Declaration that conforms to the trends of the times and answers the fundamental questions of the world,it is necessary to find a new research paradigm.The common values of humanity,namely peace,development,equity,justice,democracy and freedom,put forward by Xi Jinping,general secretary of the Communist Party of China(CPC)Central Committee,provide the most explanatory and penetrating scientific paradigm for reaching the issue.This paper an-alyzes and reflects on the views,value foundation and principled(con-tractual)consensus of human rights in the Declaration,and narrates and foresees the far-reaching significance of the three global initia-tives(namely,the Global Development Initiative,the Global Security Initiative,and the Global Civilization Initiative)with the common val-ues of humanity as the soul in advancing the modernization of global human rights governance and building a new form of human rights civilization.
文摘On December 4,2023,the China Society for Human Rights Studies hosted a seminar in Beijing commemorating the 75^(th) Anniversary of the Universal Declaration of Human Rights.Participants discussed topics such as the significance of the Universal Declaration of Human Rights,China’s theories and practices in respecting and safeguarding human rights,the three global initiatives and global human rights governance,human rights protection in the digital age,and telling Chinese stories of human rights in the new era.The discussions led to a broad consensus and achieved positive results.
文摘In the example of formulating the Universal Declara-tion of Human Rights in 1948,which involved international human rights discourse,the“cross-cultural consensus”put forward based on Confucian culture by Zhang pengchun,the Chinese representative at that time,is widely considered an empirical reference for resolving confrontations and conflicts in the practice of human rights discourse.However,the effectiveness of this kind of cross-cultural consensus in addressing confrontations and conflicts is worth considering.Under the presumption of cultural differences,any attempt to resolve confrontations and conflicts in the human rights discourse must address the inherently controversial issues.the settlement of disputes and differences depends on how deep the consensus involves the values.Based on this,it reveals that the effectiveness of Zhang pengchun’s so-called contribution is limited.therefore,we should not overstate its relevance to the current human rights discourse.
文摘On the occasion of the 30thanniversary of the adoption of the United Nations’ Declaration on the Right to Development,representatives from various countries have gathered in Beijing to attend the "Sharing the Development:Create More Benefits
文摘At present, the value revealed in the Universal Declaration of Human Rights is under attack, and the consensus on human rights value is experiencing division globally,which asserts that "human rights can only be provided by paradox". The root of this is that" reason ",the metaphysical nature of human rights proclaimed in the Universal Declaration of Human Rights,is infinitely magnified while the " spirit " is ignored. History and philosophy show that the Universal Declaration of Human Rights entails the Confucian ethical " spirit ".At this time,this potential factor is gradually emerging in the course of world history and became a force to bridge the global division of human rights values. The significance of Confucian ethics " spirit " to the Universal Declaration of Human Rights lies in: from the perspective of " spirit ", its holistic view, bridging individual rights and collective rights; its relational view focuses on the realization of human rights and transcends the " paradox of human right; progressing from the value consensus to common action, so that in the process of judging the progress of human rights in the world, we consider not only the value consensus, but also the common action.
文摘Introduction The Universal Declaration of Human Rights (UDHR or Declaration) adopted by the UN General Assembly is not a legally binding treaty per se. As early as the Drafting Committee was making out a draft, heated discussions and debates had been carried out for many times with regard to the nature of the UDHR. At last, the present form of UDHR was taken according to chairperson of the Commission on Human Rights Eleanor Roosevelt's view of pragmatism in order to provide moral guidance for UN Member States.
文摘Nursing Science is an ever-changing science. As new research and clinical experience broaden our knowledge, chan- ges in treatment are required. The authors and the publisher of this work have checked with sources believed to be reliable to their efforts to provide information that is complete and generally in accord with the standards accepted at the time of publication. However, in view of the possibility of human individual diversity and constant development in medical sciences, neither the editors nor the publisher nor any party who has been involved in the preparation or publication of this work warrants that the information contained herein is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from use of such information. Readers are encouraged to confirm the information contained herein with other sources and give medications under the guidance of professional personnel.
文摘On June 19,the“Amman Declaration”was released at the second Entrepreneur Conference of China-Arab Cooperation Forum,which lasted two days in Amman,capital city of Jordan.Some one thousand business representatives,coming from China and 16 Arabian countries,have reached a unanimous consensus that China-Arab bilateral economic and trade cooperation should be reinforced based on mutual respect as well as equality and mutual benefits.
文摘The application of artificial intelligence algorithms in public services brings with it issues such as algorithmic discrimination and inequality.The discussion of the ethics and regulation of algorithms,from the legal perspective,is actually the relationship between intelligent algorithms and the protection of human rights.In response to the discrimination and prejudice of algorithmic violations of human rights,a coalition of nonprofit organizations released the Toronto Declaration on Machine Learning regulates the development and use of algorithms with the principle of"due process."The Ethics Guidelines for Trustworthy AI issued by the European Union in 2019 focus on the participants in algorithm development.While US courts that the algorithms enjoy the right to"freedom of speech".China should learn from the foreign algorithm regulation experience,and seek to establish an overall framework of government regulation that balances the need for technological innovation and commercial competition with human rights protection.
文摘As early as the 18th century,Confucian liberalism of considering others in one s own place was integrated into the provisions of freedom of the Declaration of the Rights of Man and of the Citizen.In 1948,the Confucian idea of benevolence and other liberalism had an important influence on the drafting and content of the Universal Declaration of Human Rights.The fulcrum of Confucian liberalism is self-discipline based on benevolence.The code of conduct created by Confucianism of"What you do not want done to yourself,do not do to others"has the social effect of safeguarding people’s negative freedom;the code of conduct of"while establishing himself and pursuing success,also works to establish others and enable them to succeed as well"has the social effect of safeguarding people s positive freedom.Confucian liberalism is social-oriented,which adheres to the unity of everyone’s freedom with the freedom of others,and the idea that individual freedom lies in the overall freedom of the social community.It is based on the conscience(benevolence)of the way of considering others in one’s own place and the practical path from the obligation to rights and freedoms are prominent features of traditional Chinese culture.It is consistent with the Universal Declaration of Human Rights’provision that everyone has duties to the community,and is similar to Marx’s philosophy that"the free development of every human being is the condition of the free development of all human beings",and is a unique system of liberal discourse that is different from Western liberalism.
文摘The Universal Declaration of Human Rights was the first common commitment of the international community to human rights. It demonstrated the belief and determination of humanity to maintain peace, democracy and human dignity. The process of formulating the Declaration was difficult. But in the spirit of cooperation,countries finally succeeded in reaching a consensus on human rights.The making of the Universal Declaration of Human Rights had great value and significance for promoting world peace and development,and it has had a far-reaching impact on the rule of law in international human rights and the development of the human rights legal systems in various countries. A re-examination and analysis of the process of formulating the Universal Declaration of Human Rights will help us understand the purposes and objectives of the Declaration and review the great value of the spirit of the Declaration to the world today.
文摘The discourse power over the right to development is the basis for value consensus and practical effect of the right to development. Over the three decades since the adoption of the United Nations' Declaration on the Right to Development, China has developed an innovative discourse system and practices on the right to development and contributed a series of original new concepts, new propositions and new ideas to the right, which may be generally summarized as ten major aspects: in terms of orientation, the right to development is a primary fundamental human right; in terms of the nature, the right to development is an essential requirement of socialism; in terms of strategy, the right to development is to be implemented through the strategy that 'development is the primary task'; in terms of contents, we should realize the right to development integrating economy, politics, culture, society and ecological conservation; in terms of concept, we propose that people equally participate in the equal right to development; in terms of principle, we should stick to the people-centered orientation of the right to development; in terms of steps, we should enhance the right to development in the Chinese dream for the great revitalization of the Chinese Nation; in terms of focus, we should construct a fair social security system; in terms of method, we should promote the right to development by the idea and method of rule of law; in terms of ideas, we should guide the right to development by an innovative, coordinated, green, open and sharing outlook on development.
文摘The UN Charter first of all affirmed the basic concept of international protection of human rights and opened up a broad space for international protection of human rights. The Universal Declaration of Human Rights is an important document in the development of the international human rights cause. It established a set of international standards for basic human rights, represents the world’s most important consensus on human rights, and contributes greatly to the creation of an international human rights legal system. The important theory put forward by President Xi Jinping to build a Community with a Shared Future for Human Beings, as a Chinese program for today s global major issues, also outlines a new blueprint for national human rights protection and will play a major role in promoting the development of China’s human rights and international human rights protection.
文摘This year is the 70th Anniversary of the universal Declaration of Human Rights.It is of great importance for the China Society for Human Rights Studies and the China Foundation for Human Rights Development to hold a symposium to commemorate and discuss the historical significance and value to the times of the universal Declaration on Human Rights.
文摘The concept of human rights was put forward by european and american countries in modern times, which bears a strong european and american cultural influence? but human rights have since experienced a slow process of neutralization? During the drafting process of the universal Declaration of Human Rights from 1947 to 1948, the concept of human rights experienced the neutralization of multiculturalism, making it the Declaration a matrix accepted by various cultures, which thus laid a foundation of consensus for its continued expansion and wide adoption?
文摘Human dignity is the fundamental concept of the Universal Declaration of Human Rights and serves as the theoretical backbone for the international human rights system. Chinese culture has an excellent tradition of treasuring the dignity and value of people. The provisions on dignity in the Declaration can find their historical origins in traditional Chinese culture. The dignity of people has a supreme status and value in traditional Chinese culture. Chinese "etiquette" culture has a long tradition of respecting the dignity of people.Achieving benevolence through etiquette is the basic way to protect human dignity. Etiquette in ancient China was constrained by inequality and historical limitations, but it also had the elements of respecting or honoring others, and had the practical function of respecting, maintaining and achieving human dignity. The effective implementation of etiquette requires the fulfillment of people’s basic needs. Progressing from xiao kang(moderate prosperity) to da tong(great harmony) is the process of approaching the human rights standards of human dignity and equal rights that all nations and all peoples should strive to achieve.
文摘March 15,2017,is bound to be viewed as an important day in the history of law in China,as it was on this day that the General Provisions of the Civil Law of the People’s Republic of China(hereinafter referred to as General Provisions of the Civil Law)were adopted at the fifth Session of the Twelfth National People’s Congress of
文摘Article 471 of the Civil Code of the People’s Republic of China(hereinafter referred to as“the Civil Code”)stipulates that contracts may be formed not only through offer and acceptance but also through“other means.”However,the Civil Code does not provide further clarification on what“other means”entail.This statutory provision represents a departure from the traditional theory of contract formation,which requires a“meeting of the minds.”This study seeks to identify the jurisprudential basis of the Civil Code as a positive law and finds that the theory of de facto contracts,proposed by German scholar Günter Haupt in his lecture titled“On Factual Contractual Relationships”provides a theoretical foundation for the Civil Code’s inclusion of alternative methods of contract conclusion.The theory of de facto contracts argues that for certain types of conduct,the formalities of offer and acceptance are not essential.Instead,contracts can be established through factual processes.This view introduces flexibility to the otherwise rigid doctrine of contractual freedom,allowing for more streamlined and logical judicial analysis.It also balances economic efficiency with principles of fairness and justice,serving the normative values underlying contract law.In this paper,the author proposes that the term“de facto contract”be precisely defined within the context of legislative and judicial practice.This article also recommends limiting the original concept described by Haupt to contracts formed based on legally prescribed factual processes or behaviors.Such contracts can be tentatively termed as“statutory de facto contracts,”which could be examined as a distinct category of contracts in legal theory.
文摘I.The History of the Drafting of the Universal Declaration of Human Rights:the Position and Role of the UN Economic and Social Council and the General Assembly of the United Nations should not be Ignored The reason for me to use the term "source"in the discussion on the right to subsistence