Protecting personal credit information through constitutional rights is not only essemtial for individuals to defend against infringements on their personal credit information rights and interests by public power in t...Protecting personal credit information through constitutional rights is not only essemtial for individuals to defend against infringements on their personal credit information rights and interests by public power in the social credit system,but also a requirement for unified legislation on social credit to explore the basis for constitutional norms.In the era of the credit economy,personal credit information has become a vital resource for realizing personal autonomy.Along with the increase in the state’s supervision and control of personal credit,the realization of the autonomous value in the interests related to personal credit information has also set more obligations for the state.Therefore,interests related to personal credit information should be regarded as a constitutional right.Because of its significant economic interest and value,the right to personal credit information should be classified as a constitutional property right.As a constitutional property right,the right to personal credit information can not only help protect people’s economic interests,but also achieve the goal of safeguarding their personality interests.展开更多
According to the 'three-generation human rights' theory, 'the first generation of human rights', namely natural rights theory, emphasizes political rights, and 'the second generation of human right...According to the 'three-generation human rights' theory, 'the first generation of human rights', namely natural rights theory, emphasizes political rights, and 'the second generation of human rights', as the outcome of the international communist movement, emphasizes economic rights. However, if we deep analyze Marx's civil society-political state theory and his critique of natural rights theory, we can find that Marx's civil society-political state theory has two dimensions, where the two sets of human rights ranks are derived. Under the realistic condition, the economic rights indeed serve as the basis and aim of political rights while under the new idea of human rights—human liberation, political rights should be the most essential human rights.展开更多
The optional Protocol to the international covenant on economic, Social and cultural Right was adopted in 2008 and entered into force in 2013? During the five years after its entry into force, 23 States have ratified ...The optional Protocol to the international covenant on economic, Social and cultural Right was adopted in 2008 and entered into force in 2013? During the five years after its entry into force, 23 States have ratified the optional Protocol, and 23 individual communications have been submitted to the committee on economic,Social and cultural Rights? comparing with the acceptance of individual communication procedures under other core international human rights treaties, the record of ratification of the optional Protocol is not satisfactory? in its examination of individual communications,the committee on economic, Social and cultural Rights has made detailed reasoning, extensively referred to its previous general comments, and in case of violations found, suggested both specific and general remedies? in its practice of examining individual communications, the committee on economic, Social and cultural Rights needs to clarify and define the rights under the covenant and their corresponding obligations, while maintaining its nature and role as a supervisory body, without expanding its competence to an unacceptable extent?展开更多
Economic development is decisive with regard to human rights issue. Since reform and opening up,China has established a socialist market system, which provides a market environment characterized by democracy, freedom,
British Economist Angus Maddison said that eco nomic development is a recent phenomenon inhuman history. Although human species have lived on the planet at least 2.5 million years, economic development only appeared a...British Economist Angus Maddison said that eco nomic development is a recent phenomenon inhuman history. Although human species have lived on the planet at least 2.5 million years, economic development only appeared around the 1850s. In pursuit of economic development, not all nationalities have been equally lucky. Among more than 200 countries in the world, only dozens of countries are devel oped. Onethird of the world's total population of 6.5 billion are living in poverty. In both developing and developed countries, the wealth gap is often obvious. Therefore, eco nomic development is the goal of each country, the aim of each politi cal party, and the wish of all people. However, economic development usually baffles people. As a result, understanding the relationship be tween economic development and human rights protection is a matter of urgency.展开更多
The Sixth Beijing Forum on Human Rights is opened today, which is co-spon- sored by the China Society for Human Rights Studies and the China Foundation for Human Rights Development. First, on behalf of the China Found...The Sixth Beijing Forum on Human Rights is opened today, which is co-spon- sored by the China Society for Human Rights Studies and the China Foundation for Human Rights Development. First, on behalf of the China Foundation for Human Rights Development, I would like to express warm congratulations to the opening of the Forum, and heartfelt thanks tothe friends who have always cared for and supported for the development and progress of human rights cause of China.展开更多
Property rights have multiple attributes, and these are correlated with national governance. In the West, property rights have the economic function of maximizing efficiency and the political function of rights protec...Property rights have multiple attributes, and these are correlated with national governance. In the West, property rights have the economic function of maximizing efficiency and the political function of rights protection, but in China, they also have a strong social character. With the modernization of national governance, these functions interact with and transform each other. When the state's ability to supply public goods is relatively weak, property rights take on more of a social character, meeting public demand for welfare at the grassroots level. When the state is better able to provide public goods, the social function of property rights lessens as their economic function grows. The social character of property rights was the institutional foundation for China, as a huge agrarian state, to realize "governance through inaction," and at the same time was the secret key that could break the code to the millennial continuity of Chinese agrarian civilization. Reforms including the collectivization of rural property rights after 1949, the "separation of two rights" (to collective ownership and household contracted land, with a focus on the latter), and the "separation of three rights," (to collective ownership, household contracts and revitalized land management). These changes constitute a process in which the economic function of property rights has been growing while their social character has lessened under conditions of national governance modernization.展开更多
This case study examines the succession of Chinese family business in Hong Kong, drawing upon theories of the firm. More specifically, it utilizes capabilities theories, property rights economics and Neo-Confucianism ...This case study examines the succession of Chinese family business in Hong Kong, drawing upon theories of the firm. More specifically, it utilizes capabilities theories, property rights economics and Neo-Confucianism to understand management disputes and infighting among the members in a Chinese family business in Hong Kong. This paper will argue that the founder of a Chinese business firm in Hong Kong is able to lead his or her offspring to create a dynamic enterprise via charismatic leadership and family rules embedded in traditional Chinese values. However, these two strategic assets disappear following the passing away of the founder as well as the emergence of new social values. When the founder passes on the enterprise to his or her offspring using more or less the equal inheritance system, the traditional Chinese value is unable to enforce the leader's will to consolidate the strengths of the second generation family members to maintain the founder's business. Furthermore, when the business is owned by all family members, property rights of the firm become unclear. Without effective enforcement of traditional Chinese values and with collective ownership rights, some family members will have the incentive to capture the economic rent that is shared by all members. In other words, some family members behave opportunistically or even cheat in order to capture economic gains in the public domain. High monitoring and enforcement costs in the form of court battle and endless disputes will occur. Rent dissipation occurs in the form of deterioration of the quality of the family business. This casestudy is based on Yung Kee, an intemationally well-known roast goose restaurant in Hong Kong as an illustration.展开更多
文摘Protecting personal credit information through constitutional rights is not only essemtial for individuals to defend against infringements on their personal credit information rights and interests by public power in the social credit system,but also a requirement for unified legislation on social credit to explore the basis for constitutional norms.In the era of the credit economy,personal credit information has become a vital resource for realizing personal autonomy.Along with the increase in the state’s supervision and control of personal credit,the realization of the autonomous value in the interests related to personal credit information has also set more obligations for the state.Therefore,interests related to personal credit information should be regarded as a constitutional right.Because of its significant economic interest and value,the right to personal credit information should be classified as a constitutional property right.As a constitutional property right,the right to personal credit information can not only help protect people’s economic interests,but also achieve the goal of safeguarding their personality interests.
文摘According to the 'three-generation human rights' theory, 'the first generation of human rights', namely natural rights theory, emphasizes political rights, and 'the second generation of human rights', as the outcome of the international communist movement, emphasizes economic rights. However, if we deep analyze Marx's civil society-political state theory and his critique of natural rights theory, we can find that Marx's civil society-political state theory has two dimensions, where the two sets of human rights ranks are derived. Under the realistic condition, the economic rights indeed serve as the basis and aim of political rights while under the new idea of human rights—human liberation, political rights should be the most essential human rights.
文摘The optional Protocol to the international covenant on economic, Social and cultural Right was adopted in 2008 and entered into force in 2013? During the five years after its entry into force, 23 States have ratified the optional Protocol, and 23 individual communications have been submitted to the committee on economic,Social and cultural Rights? comparing with the acceptance of individual communication procedures under other core international human rights treaties, the record of ratification of the optional Protocol is not satisfactory? in its examination of individual communications,the committee on economic, Social and cultural Rights has made detailed reasoning, extensively referred to its previous general comments, and in case of violations found, suggested both specific and general remedies? in its practice of examining individual communications, the committee on economic, Social and cultural Rights needs to clarify and define the rights under the covenant and their corresponding obligations, while maintaining its nature and role as a supervisory body, without expanding its competence to an unacceptable extent?
文摘Economic development is decisive with regard to human rights issue. Since reform and opening up,China has established a socialist market system, which provides a market environment characterized by democracy, freedom,
文摘British Economist Angus Maddison said that eco nomic development is a recent phenomenon inhuman history. Although human species have lived on the planet at least 2.5 million years, economic development only appeared around the 1850s. In pursuit of economic development, not all nationalities have been equally lucky. Among more than 200 countries in the world, only dozens of countries are devel oped. Onethird of the world's total population of 6.5 billion are living in poverty. In both developing and developed countries, the wealth gap is often obvious. Therefore, eco nomic development is the goal of each country, the aim of each politi cal party, and the wish of all people. However, economic development usually baffles people. As a result, understanding the relationship be tween economic development and human rights protection is a matter of urgency.
文摘The Sixth Beijing Forum on Human Rights is opened today, which is co-spon- sored by the China Society for Human Rights Studies and the China Foundation for Human Rights Development. First, on behalf of the China Foundation for Human Rights Development, I would like to express warm congratulations to the opening of the Forum, and heartfelt thanks tothe friends who have always cared for and supported for the development and progress of human rights cause of China.
基金a phased result of the Major Program of the National Social Science Fund of China,"Research on Ways and Conditions for Effective Achievement of Self-government at Community Level"(16AZZ012)a Major Project in the Key Research Base for the Humanities and Social Sciences Fund,Ministry of Education,"Research on the Innovation of Villager Self-Government From the Perspective of‘Conditions-Forms’"(15JJDZONGHE001)
文摘Property rights have multiple attributes, and these are correlated with national governance. In the West, property rights have the economic function of maximizing efficiency and the political function of rights protection, but in China, they also have a strong social character. With the modernization of national governance, these functions interact with and transform each other. When the state's ability to supply public goods is relatively weak, property rights take on more of a social character, meeting public demand for welfare at the grassroots level. When the state is better able to provide public goods, the social function of property rights lessens as their economic function grows. The social character of property rights was the institutional foundation for China, as a huge agrarian state, to realize "governance through inaction," and at the same time was the secret key that could break the code to the millennial continuity of Chinese agrarian civilization. Reforms including the collectivization of rural property rights after 1949, the "separation of two rights" (to collective ownership and household contracted land, with a focus on the latter), and the "separation of three rights," (to collective ownership, household contracts and revitalized land management). These changes constitute a process in which the economic function of property rights has been growing while their social character has lessened under conditions of national governance modernization.
文摘This case study examines the succession of Chinese family business in Hong Kong, drawing upon theories of the firm. More specifically, it utilizes capabilities theories, property rights economics and Neo-Confucianism to understand management disputes and infighting among the members in a Chinese family business in Hong Kong. This paper will argue that the founder of a Chinese business firm in Hong Kong is able to lead his or her offspring to create a dynamic enterprise via charismatic leadership and family rules embedded in traditional Chinese values. However, these two strategic assets disappear following the passing away of the founder as well as the emergence of new social values. When the founder passes on the enterprise to his or her offspring using more or less the equal inheritance system, the traditional Chinese value is unable to enforce the leader's will to consolidate the strengths of the second generation family members to maintain the founder's business. Furthermore, when the business is owned by all family members, property rights of the firm become unclear. Without effective enforcement of traditional Chinese values and with collective ownership rights, some family members will have the incentive to capture the economic rent that is shared by all members. In other words, some family members behave opportunistically or even cheat in order to capture economic gains in the public domain. High monitoring and enforcement costs in the form of court battle and endless disputes will occur. Rent dissipation occurs in the form of deterioration of the quality of the family business. This casestudy is based on Yung Kee, an intemationally well-known roast goose restaurant in Hong Kong as an illustration.