On the Principle of Consistency of Rights and Obligations in the Constitution of PRC

“The Fundamental Rights and obligations of Citizens”, the title of Chapter II of the current Constitution of PRC, and the stipulation that citizens must fulfill certain obligations while enjoying rights have triggered many debates. Considering the historical origin, constitutional philosophy, and the text and structure of the Constitution, the special provisions of the current Constitution are influenced by the principle of consistency of rights and obligations. The principle of consistency of rights and obligations in the Constitution is of complex connotation. Therefore, although the principle of consistency of rights and obligations effectively connects the public and private spheres, it ignores the diversity and differences of the interests and elements contained in the Constitution, the asymmetry of the normative status of fundamental rights and fundamental obligations,and the right of citizens to self-determination of personal interests.The principle of consistency of rights and obligations should be purposefully narrowed and concretized: In the context of public-private integration and risk society prevention, the principle of consistency of rights and obligations can be used as a supplement to the functional system of the Constitution;in the field of fundamental political obligations, the principle of consistency of rights and obligations should be in line with the requirements of the state to respect and protect human rights;in the field of fundamental social obligations, the exercise of fundamental rights by individuals is protected by the Constitution as long as they comply with the law and do not infringe upon the interests of the social community. The principle of the consistency of rights and obligations is only used as the negative constituents of the determination of rights and the basis for the effect against a third party of fundamental rights.

Extraterritorial Application of International Human Rights Conventions——From the Perspective of States Regulating the Extraterritorial Human Rights Obligations of Transnational Corporations

The extraterritorial application of international human rights conventions is the legal basis for states to regulate the extraterritorial human rights obligations of transnational corporations.In recent years,it has been increasingly challenged by the new trend of the United Nations governing the human rights responsibilities of transnational corporations.A study of existing international rules and practices shows that the extraterritorial application of international human rights conventions depends on the extraterritorial jurisdiction of the States Parties,which mainly includes the actual control over extraterritorial territories and individuals as well as the execution of authority outside the territories.In view of the above,if human rights violations by individuals or transnational corporations occur in areas outside their home territories or are authorized and orchestrated by the home state,the home state shall bear the corresponding human rights responsibilities.Given the restrictive scope of the abovementioned extraterritorial application of international human rights conventions,the international cooperation obligation and the"do no harm"principle may become a new legal basis for states to fulfill their extraterritorial human rights obligations in the future,thereby expanding the basis for the extraterritorial application of international human rights conventions to deal with more serious issues of human rights violations by transnational corporations.However,on the whole,the current identification and codification of states regulating the extraterritorial human rights obligations of transnational corporations should respect the existing rules of international human rights law and should not add any new human rights obligations on states.

The“Erga Omnes”of the Protection of Fundamental Human Rights and the“Complementary Protection”of Refugees Not Prescribed by the UN Convention Relating to the Status of Refugees

The United Nations Convention Relating to the Status of Refugees 1951 and its Protocol in 1967 set Four Essentials to limit the definition of "refugee". The concept of complementary protection emerged in academia and practice for those who, though they do not have the essentials,are in need of protection. Complementary protection is considered not only a moral obligation, but also a legal obligation. Although as the result of developing the principle of "non-refoulement" in international law, "complementary protection" should be limited when economic and social rights are concerned. The development of the non-refoulement principle and the emergence of "complementary protection" are based on the Erga Omnes of human rights. The International Court of Justice has restricted the emergence and evolvement of obligations Erga Omnes within the scope of obligations concerning fundamental and non-derogable human rights, and therefore,the application of "complementary protection" in protecting economic and social rights has been limited. Only when the unbalance of economic and social rights has been serious enough to impact other fundamental human rights will the obligation of "complementary protection" ensue.

New Developments and Challenges in the UN Norms on Human Rights Responsibilities of Transnational Corporations

With the adoption of the"Legally Binding Instrument to Regulate,in International Human Rights Law,the Activities of Transnational Corporations and other Business Enterprises"and its revised draft,the codification of the human rights responsibilities of transnational corporations has entered a new era The instrument aims to supplement the shortcomings of transnational corporations in fulfilling their human rights responsibilities by strengthening the obligations of states and to improve the host country’s inadequate remedies for human rights violations by establishing extraterritorial human rights jurisdiction of home countries But the instrument has encountered various challenges because the human rights obligations and legal responsibilities of states go beyond the current domestic human rights systems and impact the existing theories and practices of international human rights law In order to resolve the differences among countries,the future codification of the instrument should be based on existing domestic and international legal systems and practices striking a balance between the interests of developing and developed countries,taking into account the objectives of both the fair treatment of transnational corporations and human rights protection,to promote the regulatory effect of the human rights responsibilities of transnational corporations.

The Convention on the Elimination of All Forms of Discrimination against Women and China's Actions

Aimed at eliminating all forms discrimination against women, ensuring human rights and fundamental freedoms for women in all fields and realizing de-facto equality between men and women, the Convention on the Elimination of All Forms of Discrimination Against Women adopted by the U.N. General Assembly is a most significant and most comprehensive legal document concerning the protection of human rights of women, which is called "The Charter of the Human Rights of Women." This thesis reviews the achievements and problems in the fulfillment by the Chinese government of obligations under the Convention after signing and ratifying it; and also puts forward some feasible approaches for improvement thereof.

Obligation-based Theory vs.Right-based Theory:Confrontation of Ideas Between Warrender and Strauss

There is a transition from the objective laws or moral orders that precede human will in classical natural law to the subjective demands or rights emanating from human will in modern natural law,and it represents a historical debate on the shift from an obligation-based theory to a right-based theory.Strauss,within the context of this transition across time,assesses Thomas Hobbes's philosophy of law and recognizes him as the founder of modern natural rights theory.Using Wesley Newcomb Hohfeld's analysis of jurisprudence,Howard Warrender assesses the privilege nature of Hobbes's concept of natural rights and concludes that,since Hohfeld's privilege is the opposite of obligation and related to no-right,obligations cannot be derived from natural rights.Therefore,Warrender argues that Strauss's assertion requires correction.However,Warrender places excessive emphasis on Hohfeld's static separation of the concept of privilege within his theoretical system,overlooking the dynamic transformation from privilege to claim rights.In this regard,Hobbesian scholar Carlan's criticism of Warrender is valid.Meanwhile,Warrender's research holds theoretical significance in that he,under the premise of being a part of Hobbes'natural law tradition,transforms Hohfeld's flat,two-party legal rights relationships into a three-party legal rights structure,which could represent a potential innovation in the 20^(th)century legal philosophy.

A Balance Between Court Security and Fair Trials:Court Cages in Criminal Cases——Using European Court of Human Rights Cases for Reference

In response to the 'cages in courts' issue in criminal trials,after reviewing a series of cases such as 'Svinarenko and Slyadnev v.Russia',the European Court of Human Rights has gradually clarified that the 'human dignity of the accused and his right to a fair trial are higher than the value of court security',thus found that putting the accused in a cage dock or improper use of a glass cabin dock are in breach of Article 3 and Article 6 of the European Convention on Human Rights,constitutes degrading treatment and violates the right to a fair trial.This position is in line with the international overall trend,which is of significance as a reference for China’s courts.Domestic courts should take the initiative to change the current use of the 'low fence dock' to further enhance China’s judicial civilization.

Women's Rights in the Context of the Three-child Policy:Analyzing from the Constitutional Connotation of“the State Shall Protect the Mother”

Women's rights are essential human rights recognized by the international covenants on human rights and protected in the constitutions and laws of countries.In the context of implementing the three-child policy in China,women are facing pressures from childbearing and bringing up children as well as trying to have a career.It is clearly stipulated in Article 49 of China's Constitution"the mother is protected by the state,"the constitutional principle of equality of men and women shall be incorporated into the interpretation of this article,fully respecting women's subjectivity and equal rights and affirming the social benefits of childbearing and bringing up children.With the introduction of the three-child policy,the protection of women's rights shall focus on their reproductive rights,right to health,right to work and equal rights within the family.The system of women's rights is complex,relates to identity and must be open to the future.The state has the obligation to fully respect,actively promote and promote in a narrow sense the realization of women's rights.To better coordinate the implementation of the three-child policy and the protection of women's rights,we should introduce the concept of social gender equality,improve the system ofp ublic childcare services,home care leave and equal employment,and promote the implementation of relevant laws and policies with special attention being paid to women in rural areas and single mothers.

The Implications of Sports Rights in Building a Leading Sports Nation

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

The Systematic,Fair and High-quality Development of the Right to Education in China

Since the release of the first human rights white paper in 1991,the development of the right to education has made remarkable achievements along with the economic miracle of China’s continuous growth and the promotion of education reform.At the regulation level,the right to education has been systematically guaranteed based on the type and phase of education.At the value level,rural areas,poverty-stricken areas,and vulnerable groups have been given preferential treatment to comprehensively improve the quality of their educational resources such as material and financial resources,teachers and curriculum,and digital education development and ensure fair and high-quality development of their right to education.In the future,equal emphasis on fairness and quality will be the value orientation for the development of the right to education,and the rule of law in education will be needed to further provide systematic and strong institutional guarantees for the right to fair and high-quality education.

The Implementation of the Marrakesh Treaty in China:Theoretical Disputes and Institutional Arrangements

The Marrakesh Treaty is an international treaty specifically concluded by the World Intellectual Property organization(WIPo)to address the“book famine”for people who are blind,visually impaired,or otherwise print disabled.It uses the tools of copyright law and policy for the purpose of human rights.Prior to the conclusion of the Marrakesh Treaty,the international intellectual property treaties were all focused on intellectual property protection and the higher level of protection.The Marrakesh Treaty is the first international intellectual property treaty to highlight the limitation and exceptions of rights and explicitly use human rights discourse.There were some theoretical disputes during the negotiation of the Marrakesh Treaty,mainly because the international community failed to reach a consensus on such basic theoretical issues as the relationship between copyright and human rights and the legal nature of the Marrakesh Treaty.When implementing the Marrakesh Treaty in domestic law,China should face theoretical disputes,coordinate the protection of copyright and the promotion of human rights on the basis of its national conditions,and make corresponding institutional arrangements.

The Idea of“Codification”of Human Rights to Environment

As China has embarked on a new journey to comprehensively build a modern socialist country and marches toward the Second Centenary Goal,improving the protection of human rights in environmental protection has become a key task to meet people's growing demand for a better life.The international community has reached a consensus on the human rights attribute of environmental rights,and China has also recognized it in its National Human Rights Action Plan of China(2021-2025).Early claims for environmental human rights gave birth to modern environmental law at the international level,while the global consensus on sustainable development promoted the new development of environmental human rights.In China,the construction of a"beautiful China"has become the national goal confirmed by the Constitution.The confirmation of environmental rights in the planned environmental code can further clarify the connotation of the value system of the code and help clarify the institutional structure and attribution logic of the code.Based on the subjective right and objective value of environmental rights,the specific scheme for the"codification"of environment rights is to construct the system from three levels of ontological provision,guarantee provision and reliefprovision.

Vaccination Obligation from the Perspective of the European Court of Human Rights——Taking the Case of Varif et al.v. Czech Republic as an Example

The case of Varif et al.v. Czech Republic concerned whether Czech legislation that imposed a moratorium on school attendance and a fine as a punitive mechanism for non-vaccination violates the European Convention on Human Rights by forcing children to receive routine vaccinations. In the ruling, the European Court of Human Rights reiterated that the choice of public health measures falls within the discretion of member states. Meanwhile, to limit the infringement of individual interests to what is necessary and reasonable, the European Court of Human Rights clarified the criteria for human rights protection for compulsory routine vaccination: It should have a legal basis, a lawful aim, and be in line with the “needs of a democratic society.” Accordingly, the European Court of Human Rights held that the legal provisions involved in the case did not violate the European Convention on Human Rights. As the first response of the European Court of Human Rights to compulsory vaccination, the case of Varif et al.v. Czech Republic strengthens the influence of the law of the European Union in the field of public health by upholding the discretion of member states. Besides, although the case involves only routine vaccination, the human rights protection criteria clarified in it can be taken as a reference for introducing vaccination measures against COVID-19 in the context of the global pandemic.

Interpretation of the Marrakesh Treaty Based on the Human Rights Model of Disability

The Marrakesh Treaty is,in essence,a human rights treaty.The interpretation and implementation of the treaty cannot be separate from the view on the persons with disabilities from the perspective of human rights.Based on this view,the interpretation of the treaty should reflect its value of promoting equality,instead of granting privileges to the persons with disabilities.During its implementation,it should be forbidden to aggravate the social alienation of the persons with disabilities by making excessive stipulations.Taking the implementation of the treaty as an opportunity,promoting the transformation of the view on the persons with disabilities from the individual model to the human rights model and facilitating the concept of“building the intangible accessible environment”can maximize the significance of the treaty.

Intergenerational Justice： Rights versus Fairness

Among various views on intergenerational justice, the most widely accepted theory invokes the rights of future generations. However, the rights theory seems to suffer from the non-identity problem addressed by Derek Parfit. Some rights theorists attempt to circumvent the problem by examining causal links between actions taken by preceding generations and their effects on succeeding ones, Others try to do so by replacing future individual rights with such collective rights. This paper argues that both individualist and collectivist versions of the rights theory fail to supply grounds for intergenerational concern. The paper then offers an alternative theory that refines the idea of duty of fair play developed by John Rawls and applies it to the context of intergenerational relationships. To begin with, I identify several characteristics of posterity and explicate the adverse implications these characteristics have for other major theories of intertemporal concern than the rights theory. Next, different versions of the rights theory are closely examined from the perspective of the non-identity problem. Then, I offer an alternative argument for caring about future people, which is founded on the idea of intergenerational fair play. This paper concludes by noting that the fairness theory, unlike its rivals, does not face the non-identity problem or any other problems stemming from the features of posterity previously identified.

Economic Logic of Development and Value Basis of Reform of China’s Rural Land System

The historical changes of China’s rural land system show that the allocation of rural land rights,as the most important agricultural production relationship,has a huge effect on the development of productivity. The essence of the rural land system is the allocation of rights.At this stage,China’s agricultural development is facing a series of challenges such as agricultural modernization,food security issues and arable land issues,and the reform of the rural land system is imperative,of which the focus is still on the enrichment and deepening of rural land rights. Based on this,the decisive role of the market in the allocation of rights is introduced and brought into play. While striving for development and efficiency,attention must also be paid to the security function and fair value of rural land.

An Analysis of Human Rights Factors in Confucian Tradition

Although there is no concept of Human Rights or Rights in the Confucian tradition,Western culture has a different understanding of people's due status and interests.This understanding includes the emphasis on and respect for human beings,and the factors that are compatible with human rights theory and can promote its development.The Confucian concept of humans emphasizes every individual as an individual in the community,obligations,and consideration of others.Its main contents are as follows:benevolence as the core;for individuals in the community,the ideal personality of a gentleman,namely,benevolence,independence and self-improvement;in the aspect of vertical interpersonal relationship,the advocation of people-oriented and good governance(e.g.,nurturing the people,educating the poor and helping the weak);in the aspect of horizontal interpersonal relations,the advocation of people as compatriots;and the respect of heaven and earth and the love for all things in relation of human and nature.These contents are of great significance to the construction of human rights in China and the world.

Whose Dignity?How to Enjoy?——An Interpretation of a Concept Based on the Context of Ancient Roma

Dignity and Human Rights are recognized as two principles that coordinate with each other.However,it is an invention of modern people to set dignity as the basis of human rights from a genealogical point of view.In the classical context,dignity was represented as a political value,honoring excellence in public service.As a reward and return for political services,dignity holders were entitled to be recognized by the state and treated with appropriate courtesy and respect.There are two ways to get dignity,"bestowed in advance"and"awarded afterwards."The former was bestowed by a noble bloodline,while the latter was a reward for eminent military achievements or outstanding performance in normal state governance.In any case,dignity is defined in a differential pattern.It is quite different from the value of Equality for All in dignity,which is emphasized in modern society.In ancient Rome,as a tribute to moral excellence,dignity also required the taming and control ofphysical desire,so the value of dignity did not honor the natural rights of each human being,but rather the high rank and strong obligation of the excellent.

Racial Disparities in the United States Criminal Justice System:“With Liberty and Justice for All?”

Racial discrimination remains a prevalent issue in the contemporary U.S.despite efforts to promote equality.Many young African American and Hispanic males are easy target for law enforcement agents.Minorities experience a higher and more unfair form of racial discrimination,racial profiling,police brutality,unfair sentencing,and mass incarceration for offences which are the same or less than those committed by White males.The rate of incarceration in the United States is five to eight times higher than most developed countries,and Black males constitute the largest percentage of inmates in the U.S.prison system.Once arrested,Black Americans are more likely to remain in prison longer,and await trial for minor offenses at a higher rate than Whites.Black and Latino males sentenced in state and federal courts face significantly greater odds of incarceration than White offenders for the same or even higher crimes.Vagins and McCurdy in a 2006 ACLU on“cracks in the system”reported that“There is no rational medical or penological reason for the 100:1 disparity between crack and powder cocaine and instead it causes an unjustified racial disparity in our penal system”(p.7).There is a racial disparity in the proportion of Black males in prison serving sentences of life without the possibility of parole(LWOP).In addition,The United States Criminal Justice System needs to be carefully examined as a top priority agenda needing immediate call of action that needs reform to guarantee the constitutional rights accorded to every American“with liberty and justice for all”.