A Coherent Interpretation of Economic Compensation for Divorce:Taking Gender Equality as the Basis

Article 1088 of China's Civil Code grants the right to seek economic compensation in divorce cases.However,significant confusion persists regarding the values,interpretations of doctrine,and legal techniques related to this compensation.Various viewpoints have emerged on the nature of compensation,including notions of household wages,human capital investment,moral obligation,and damages recovery.Concerning compensation standards,there are proposals such as the“humanitarian assistance”theory,“household wages”theory,“expected interest”theory,or“loss of interest”theory.By examining the evolution,legal principles,and practical applications of economic compensation for divorce from a human rights perspective,we aim to establish the legal foundation for this compensation,grounded in principles of gender equality.It clarifies that the compensation essentially confirms and restores individual development opportunities and the right to development in the context of gender inequality.This approach aims to provide a more coherent interpretation of clauses of economic compensation for divorce in terms of legal purposes,legal doctrines,and legal techniques,thus offering a more reasonable perspective to reconcile theoretical and practical discrepancies in economic compensation for divorce.

The Protection of the Right to Equality of the Elderly in the Digital Society

The inequality faced by the elderly in a digital society is the digital inequality caused by both public and private actions,as well as the societal inequality exacerbated by the digital inequality.The essence of this issue lies in the unequal social participation due to the expansion of digital space under digital inequality.The characteristics of the elderly,combined with their inherent human dignity,determine that the ultimate goal of protecting their right to equality in a digital society is not limited to equal digital rights alone.Instead,it aims to ensure that the elderly have equal opportunities for social participation in both digital and non-digital spaces by eliminating digital inequality and curbing the expansion of digital space.This ensures the autonomy of the elderly in the digital society.Accordingly,the State should implement two policies based on both prohibitive obligations that prevent direct infringements and protective obligations that safeguard the equal rights of the elderly against encroachments from private entities.The first policy,“Digital Integration”,empowers the elderly with digital skills and helps them actively integrate into the digital society.The second policy,“Digital Coexistence,”ensures that the elderly can equally participate in society even when they choose to abstain from digital technology.

The Change and Constancy of “Equality Issue” in Human Rights Theory Research During the 40 Years of Reform and Opening-up

In 1978, academia broke through the theoretical forbidden zone with the slogan of "equality before the law" and initiated a great discussion on some important legal issues including legal equality. During the past 40 years since the reform and opening-up, the relevant research has changed from the ideological contention deeply influenced by class discourse to the abstract theoretical research where class discourse has been fading away, and then turn to the technical and concrete practical research. This "change" is clearly visible and, to a certain extent, reveals the track of the development of human rights theory. However, there is "constancy" in "change". "Constancy" not only lies in the study of legislative equality throughout the past 40 years, but also embodies the inherent logic of theoretical research in response to social development and changes in the times.

Equality, Participation and Sharing: 70 Years of Protecting the Rights and Interests of Persons with Disabilities in the PRC

July 2019 Contents Preamble I.Development of the Cause of Persons with Disabilities II.Mechanisms for the Protection of Rights and Interests of Persons with Disabilities III.Health and Rehabilitation IV.Special Education and Inclusive Education V.Employment and Entrepreneurship VI.Basic Life and Social Security VII.Creating an Accessible Environment and Enabling Mobility.

The Centennial Protection of Ethnic Minority Rights by the Communist Party of China: An Ideological Exploration

during the different periods of revolution,construction,and reform,under the pattern of unity in diversity,the Communist Party of China has recognized and respected ethnic cultural differences,taken ethnic equality as the moral foundation for ethnic minority rights,ethnic fraternity as the ethical foundation of ethnic minority rights,and regarded ethnic minority rights as an important part of China’s human rights cause.Protecting ethnic minority rights through regional ethnic autonomy and ethnic support policies has not only proved to be an effective way to protect ethnic minority rights but also built up rich and profound ideolog ical resources for respecting and protecting ethnic minority rights.

Dilemma and Solution for Relief in the Right to Equal Employment-From the Perspective of Rectifying Private Law with Social Law

At present,the legal remedies in terms of the right to equal employment in China are mainly related to private law,that is,laborers seek direct legal remedies for personality rights liability and infringement liability according to typical private law,supplemented by indirect remedies for labor contract liability under special private law.However,there are many challenges in private law remedies for the right to equal employment,which are manifested in the misunderstanding of the general tort identification of employment discrimination,the loopholes in the regulations on discriminatory employment,the imbalance in the burden of proof,and the limitation and alienation of the functions of civil liability and private law autonomy.The root of those problems lies in the fact that the nature of anti-employment discrimination law is not private law but social law.Equal employment involves both public and private interests,and it should be based on the public interest of society and adhere to the value orientation of prioritizing fairness while taking into account efficiency.Improving the legal relief mechanism for protecting the right to equal employment,with a focus on correcting private law with social law,is the solution to the dilemma.Specific measures include establishing the special tort liability system for equal employment,the legal mechanism against discriminatory labor contracts,the public-private integrated legal responsibility system,and an essentially fair system for the responsibility of adducing evidence.

Law Absence and System Construction of Equal Material Assistance Rights of Farmers in China

Firstly,conception of farmers' equal material assistance rights is introduced from the aspects of equal rights,material assistance rights,and farmers' equal material assistance rights.Value function of farmers' equal material assistance rights is pointed out,which can eliminate the partial policies with urban priority orientation.It is a necessary condition for maintaining the legal and institutional authority,as well as an inevitable choice to realize the social justice and harmony.Current status of the law absence of farmers' equal material assistance rights in China is introduced,which is reflected in the lack of theoretical research on farmers' equal material assistance rights in the law circle,the lack of procedural legal system of farmers' equal material assistance rights at present,and the lack of actual law effectiveness of farmers' equal material assistance rights at present.System construction is a turning point to change the law absence of farmers' material assistance rights.Government should promote the economic development,provide material bases for the system construction of farmers' material assistance rights,enhance the legal consciousness of farmers,cultivate the ability of farmers to participate in equal material assistance rights,strengthen the procedural legislation and judicial justice,and ensure the farmers' material assistance rights.

Ethics of Difference:Towards a Phenomenology of Inclusion

In this essay we propose notions of difference and equality as elements of a phenomenologically informed ethics.The proposed notions are tested on a diagnosis of inclusion,and,in particular,inclusive education,both of which are leading values in contemporary public moral discourse and in the formulation of related policies.The value of inclusive practices is commonly seen in the circumstance that they safeguard difference while granting equality and realize equality without curtailing difference,thus creating conditions in which human dignity is respected.We ask in what sense,that is,according to what understanding of equality and difference,this is true.Our conclusion is that“the value of inclusion”is at least compatible with a merely formal sense of equality,which,at the same time,effectively negates human difference.On the other hand,the proposed phenomenological notions of difference and equality seem to provide an avenue towards a renewed understanding of the humanity of man,as well as of(inclusive)education as a manner of fostering that humanity.The interpretive framework for our analysis is given by Heidegger’s diagnosis of nihilism.The latter implies a notion of“values”as conditions of a dynamic of empowerment which has the“drive to more”as its intrinsic,constitutive motive.

Chinese NGOs Actively Introduce Achievements in Protecting the Rights of Women and Children at the UN Human Rights Council

Recently,at the 49th session of the United Nations Human Rights Council,a number of Chinese NGOs delivered speeches via video link,and actively introduced China’s ideas and practices of protecting the rights of women and children.The Beijing NGO Network for International Exchanges gave a comprehensive introduction to the positive contribution of the Beijing Winter Olympics in promoting women’s rights to enjoy sports and called on the international community to create a more inclusive social environment for women’s cultural equality.

Rural Legal Aid in the Perspective of Human Rights:Status Quo and Reform

As one of the human rights protection systems for rural residents, legal aid is an important well-being project. It provides legal assistance to the rural population with regard to every aspect of the application of the law, and reflects the care and assistance given to rural residents. It is an important way to ensure the equal realization of legitimate rights and interests of rural residents, and it is also a powerful measure to promote the all-round development of the rural population. After more than 20 years of growth, China’s rural legal aid work has achieved gratifying results. However, there are still outstanding problems such as unbalanced supply and demand, narrow scope, and tight funding. Therefore, we should build on the practice of rural legal aid to expand the number of aid teams, improve the quality of legal aid, broaden the scope of aid, and provide financial support so that rural legal aid can be truly visible, accessible, affordable and well performed.

Development of Women's Rights in China Through A Hundred Years:From a Strong Sense of Political Responsibility to Increasingly Better Legal Protection

The founding of the Communist party of China,especially the founding of pRC and the establishment of the socialist system,opened a new chapter in the development of the Chinese women’s cause.The Communist party of China(CpC)and the Chinese government have a strong political will and a sense of political responsibility in realizing gender equality and protecting women’s rights.over the past 100 years,under the leadership of the CpC,the status of Chinese women has been fundamentally changed in the political and legal sense,and a historic breakthrough has been achieved.The development of the Chinese women’s cause has overcome many difficulties.In particular,after the launch of the reform and opening-up,on the basis of economic development,social progress,and continuous promotion of the rule of law,a set of legal protection systems for comprehensive protection of women’s rights have gradually been formed.The concept of social gender has provided new perspectives and approaches for China’s legal studies,and the process of gender mainstreaming in China has continued to deepen.China follows the socialist path of women’s cause with Chinese characteristics and continues to strengthen the legal protection of women’s rights in China,thereby making important contributions to the development of women in the world.

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.

The Formation Mechanism of the Outlook on Human Rights Development in Contemporary China

The Western fundamentalist view of human rights,in contrast to Chinese society and culture,is external,and thus provides"conceptual form," "thinking method" and "theoretical technique"but not concrete content.In the traditional Chinese ideology,the time-honored group standard cannot be replaced by the individual standard.In New China,priority is given to the freedom and independence of "everyone" and the realization of rights and interests for"all".Contemporary China combines the human rights conception in Marxism with China’s concrete reality.Meanwhile,it integrates the socialist idea of equality with the traditional culture of the Chinese nation,creating a dual-guarantee system for universal values and individual rights.It gives a clear-cut expression to contemporary China’s rich traits of the cultural tradition of emphasizing progress for all and the equality for all,the priority of realizing the survival and development of the people,and the reference to the achievements of human rights civilizations of other countries.Human rights development in contemporary China must further consolidate the political conditions and institutional base for realizing the "public " goal of human rights and build a solid institutional guarantee for the "private" value orientation of human rights,by means of the construction of the whole-process people’s democracy.

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.

An Analysis of Feminism——A Case Study of Desert Flower

With the development of globalization,people have paid more and more attention to feminism.But under the influence of traditional androcentric society for thousands of years,it' s hard for women to strive for equal rights with men and to completely change women' s humble and androcentric image in society overnight.Tracing back to the emergence and the development of feminism,this thesis intends to reveal feminism in the movie Desert Flower by exposing African women' s suffering of a cruel torture—circumcision.

The Divine Right of Kings, Different from China's

In feudal China and Europe once had a seemingly same phenomenon of godding the kingship. The European believed in the idea of Divine Right of kings, while the Chinese deeply thought that Emperor was entrusted by Heaven to rule the world. Both king and Emperor were authorized rulers. However, those theories have difference in connotation, foundation and representation; therefore they are different at the core.

Gender Discrimination and Female Human Rights Protection in China's Labor Market

As an important part of women’s human rights system, women’s labor right for the women as a group is of very important value and profound significance. The existence of gender discrimination in the labor market caused double losses of benefits and economic efficiency and the interaction with human capital investments. It seriously hinders the women’s equal enjoyment of labor rights, affects the rational use of female talent resources and leads to the idle and waste of human resources in society. Based on analyzing the harm caused by gender discrimination in the labor market from an economic point of view, this paper reveals the existing problems of China’s existing laws and regulations. In the end, some advisable recommendations are suggested to improve the women’s equal employment rights for China.

Clinical differentiation of acute appendicitis and right colonic diverticulitis: A case-control study

BACKGROUND Acute right colonic diverticulitis (ARCD) is an important differential diagnosis of acute appendicitis (AA) in Asian countries because of the unusually high prevalence of right colonic diverticula. Due to qualitative improvement and the high penetration rate of computed tomography (CT) scanning in Japan, differentiation of ARCD and AA mainly depends on this modality. But cost, limited availability, and concern for radiation exposure make CT scanning problematic. Differential findings of ARCD from AA are based on several small studies that used univariate comparisons from Korea and Taiwan. Previous studies on clinical and laboratory differences between AA and ARCD are limited. AIM To determine clinical differences between AA and ARCD for differentiation of these two diagnoses by creating a logistic regression model. METHODS We performed an exploratory single-center retrospective case-control study evaluating 369 Japanese patients (age ≥ 16 years), 236 (64.0%) with AA and 133 (36.0%) with ARCD, who were hospitalized between 2012 and 2016. Diagnoses were confirmed by CT images. We compared age, sex, onset-to-visit interval, epigastric/periumbilical pain, right lower quadrant (RLQ) pain, nausea/vomiting, diarrhea, anorexia, medical history, body temperature, blood pressure, heart rate, RLQ tenderness, peritoneal signs, leukocyte count, and levels of serum creatinine, serum C-reactive protein (CRP), and serum alanine aminotrans-ferase. We subsequently performed logistic regression analysis for differentiating AA from ARCD based on the results of the univariate analyses.RESULTS In the AA and ARCD groups, median ages were 35.5 and 41.0 years, respectively (p=0.011);median onset-to-visit intervals were 1 [interquartile range (IQR): 0-1] and 2 (IQR: 1-3) days, respectively (P < 0.001);median leukocyte counts were 12600 and 11500/mm3, respectively (P = 0.002);and median CRP levels were 1.1 (IQR: 0.2-4.1) and 4.9 (IQR: 2.9-8.5) mg/dL, respectively (P < 0.001). In the logistic regression model, odds ratios (ORs) were significantly high in nausea/vomiting (OR: 3.89, 95%CI: 2.04-7.42) and anorexia (OR: 2.13, 95%CI: 1.06-4.28). ORs were significantly lower with a longer onset-to-visit interval (OR: 0.84, 95%CI: 0.72- 0.97), RLQ pain (OR: 0.28, 95%CI: 0.11-0.71), history of diverticulitis (OR: 0.034, 95%CI: 0.005-0.20), and CRP level > 3.0 mg/dL (OR: 0.25, 95%CI: 0.14-0.43). The regression model showed good calibration, discrimination, and optimism. CONCLUSION Clinical findings can differentiate AA and ARCD before imaging studies;nausea/vomiting and anorexia suggest AA, and longer onset-to-visit interval, RLQ pain, previous diverticulitis, and CRP level > 3.0 mg/dL suggest ARCD.

Similarity/dissimilarity analysis of protein sequences using the spatial median as a descriptor

A novel 3-D graphical representation of protein sequence has been introduced. A right cone of a unit base and unit height has been selected to represent protein sequences on its surface. The twenty amino acids have been represented by 20 circles and all protein's residues have been represented by n lines on the cone's surface. All the spots which represent the protein's residues have been shown in the cone's top view. The spatial median of all the spots is used as a new descriptor of any protein sequence. This approach was applied on two short segments of protein of yeast Saccharomyces cerevisiae. The examination of the similarities/dissimilarities for the eight ND5 proteins and the six β-globin proteins illustrate the utility of our approach. A linear correlation and significance analysis have been provided to compare our results and the percentage sequence alignment identity.