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.

Analysis of Hidden Danger in Farmer's Rights and Interests during Farmland Transfer——An Evaluation of Rights Safeguarding Effect of Farmland Transfer Contract

Taking Shuangliu County,Chengdu City,China as an example,evaluation index system for the rights protection effects of farmland transfer is established contract from three aspects of basic information,transfer agreement and legal safeguards in the contracts.According to the investigation data,weight of evaluation index is determined by both entropy weight and Analytic Hierarchy Process.Comprehensive index method is used to evaluate the rights protection effects of farmland transfer contract in the flat dam,high hill and low hill in Shuangliu County,Chengdu,China.Result shows that the transfer agreement of farmland and the basic information of contract greatly affect the rights protection effects of farmland transfer contract.There are differences in the five indices of the information of the signature of contract,pricing for payment,time limit for farmland transfer,transfer mode of farmland,and use range of farmland transfer.During the farmland transfer in reality,there are three hidden dangers in farmer's land rights and interests,which are the ill-formed transfer behavior,the relatively low income of farmers from farmland transfer,and the quality decline of farmland and difficult full reclamation in transfer period.Based on the evaluation result and investigation data,countermeasures are put forward to improve the rights protection effects of farmland transfer contract.

The Plights and Solutions of the Farmers' Land Rights Protection

The current plights of farmers' land rights in China are analyzed.They cover the vain installation of the security of farmers' land rights,vain position of the dominant role played by rural collective land,incomplete functions of rural collective land and the inadequate material assistance of farmers.The solutions for ensuring the security of farmers' land rights are put forward,in the first place,perfecting the legislation of guaranteeing farmers' land rights.In the second place,scientifically installing the rural land rights,which covers the following aspects,such as,clearly defining that the collective ownership of rural land belongs to farmers in law;clearly defining the main body of rural land property and eliminating the shortage of property rights;demarcating the range of public interests and clearly stipulating the reasonable compensation of main body of land expropriation.In the third place,villagers' autonomy should be perfected.In the forth place,standardizing the system of land expropriation,which includes the two aspects of normalizing the land transference procedure and the control of collecting land tax,and establishing fair compensation standard and normalizing land compensation procedure.In the fifth place,strengthening land transference and judiciary,and enforcing supervision;in the sixth place,accelerating the development of peasants' cooperative economic organizations and cultivating peasants' rights keeping organization.Through the discussion on the plights and solutions of farmers' land rights protection,the coordination of rural and urban development will be realized and a harmonious society will be built.

The Current Analysis of Protection Path of Farmers＇ Rights and Causes

The problem of Chinese peasant in society is a very important issue in the process of China＇ s legal system; the farmer is very worthy subject of rights concern. The author believes that China has the right to protect their farmers in three main ways： private relief, public relief and gray channels, which play a major role in the private relief for farmers. For these channels, they are a unique reason; the rule of law should be the vision and balance for them to choose their own presence in China.

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.

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.

Study on Farmers' Cognition and Willingness to Plant Trees during Collective Forest Right Reform Based on Data from Plain Areas of Henan Province

On the basis of the survey data from plain areas of Henan Province,farmers' cognition and willingness to plant trees in collective forest right reform are studied. According to statistical analysis and regression equation of binary logistic regress analysis,it is generally believed that different participants have various attitudes to the reform,with regard to if planting trees or more,reform variables have a distinct effect,as well as income variable and loaning or lending variable. At last,some advices are put forward,that is,the government should strengthen collective forest right reform,accelerate matching reform and increase policy and financial support to forestry farmers.

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.

Land Expropriation and Constitutional Protection of Farmers' Rights

One of the reasons for many social tragedies resulted from land expropriation in China is failure of the constitution to bring into play its due functions in standardizing land expropriation power of the government and protecting farmers' rights.In the existing land expropriation system,government is not only a policy maker of land expropriation,but also a "referee" of dispute over land expropriation.Government' land expropriation power and land-expropriated farmers' rights become out of balance.As a result,some local governments do not attach importance to farmers' rights,making land-expropriated farmers dissatisfied and consequently leading to some social tragedies unfavorable for harmony and stability.To fundamentally settle disputes over land expropriation and realize win-win of farmers' right and state interest,it should bring into full play functions of the constitution through protecting farmers' right to participate in land expropriation and establishing constitution evaluation mechanism.

Safeguarding Farmer Workers' Rights and Interests——An interview with Ye Jingyi, professor of Beijing University Law School

Farmer workers are a new powerful workforce that has sprung up amid China＇s reform and door opening and in the process of the country＇s industrialization and urbanization. They have made great contributions to urban prosperity, rural development and their country＇s modernization. At present, however, farmer workers face numerous difficulties and problems in income, work safety, social security, vocational training, the schooling of their children and living conditions. To safeguard the legitimate rights and interests of farmer workers, the State Council in March 2006 issued Ideas of the State Council on Solving Farmer Workers-related Problems. In the document, the State Council promises to strengthen and improve leadership over work regarding farmer workers and prioritize the solving of farmer workers-related problems.

Farmers' Self-decision Right in New Countryside Construction——An interview with Lu Xueyi,a specialist on rural issues

Lu Xueyi graduated from the Philosophy Department of Beijing University in 1962. He pursued graduate studies at the Philosophy Institute of the Chinese Academy of Social Sciences during 1962-1965. He has long been engaged in the study of sociology, social structure and rural development. He worked once as director of the Sociology Institute of CASS. After 1998 he.. has served as member of the Academic Committee of CASS. In 1996 he became president of China Sociology Society. He was a deputy to the Eighth and Ninth National People＇s Congresses. He is author of The Chinese Countryside and Chinese Farmers amid Reforms, Chinese Society in a Transitional Period, Evolution of China＇s Social Structure and On Agriculture, the Countryside and Peasantry.

Ensuring Full and Equal Rights

ECONOMIC and social rights mainly concern the entitlement to be allowed to work, to a basic living standard, to social security, to health care and to education, among the fulfillment of other basic needs. According to the definition of the right to food as described under the UN Committee on Economic. Social and Cultural Rights General Comment No J2 （1999）,

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.

Reform of Agricultural Land Transfer of Different Types of Farmers' Willingness

Since forty years of reform and opening up,China's rural landscape has undergone tremendous changes,and agricultural production manner is obviously improved,while farmers' living level is rose significantly.Rural land contracting and management right system plays a vital role in promoting rural economic and social development in China.In this paper,farmers under the background of the transfer of rural land contracting and management right are taken as research objects,and the difference of different types of farmers under the willingness of land transfer is analyzed.Finally,corresponding reform assumptions are proposed for transfer willingness of different types of farmers.

Study on Circulation and Management of Rural Land Use Right

Currently,agriculture and rural economy have entered a new development stage. According to market demands and comparative advantages of regional resources,strategic adjustment of agricultural structure and realizing transformation from traditional agriculture to modern agriculture have become primary tasks. Land is the essential element of agricultural production,making innovation upon rural land use system and establishing flexible and effective land circulation system concern efficiency and optimization of agricultural resource allocation and development of rural element market. With more and more farmers engaged in secondary and tertiary industries,land left by those farmers is circulated to those farmers willing to do farming. Rural land circulation is inevitable trend of economic and social development,but it is a progressive process. To realize smooth rural land circulation,there must be standardized system.

Gender Mainstreaming and Human Rights

Gender mainstreaming is a strategy for achieving gender equality that emerged in the United Nations in the 1970s and consists of integrating gender equality issues into all public policies. In the 1990s, the same strategy began to be applied to human rights to draw attention to the fact that the enjoyment of human rights is different for men and women, and that some human rights violations specifically affect women. This is a reflection and a result of the patriarchal organization of society and men＇s position of dominance over women. The European and Inter-American Courts of Human Rights have begun to incorporate gender mainstreaming or a gender perspective in some judgments, especially in cases of violence against women.

Human Dignity and Human Rights： A Universal Language for Bioethics

One of the aims of the Universal Declaration on B ioethics and Human Rights （UNESCO） is to ＂promote respect for human dignity and protect human rights＂,l Here are two overarching principles at work, ensuring that the biomedical sciences fulfill their task within an ethical framework. The principle of respect for human dignity is a universal moral concept, meant to be applied in human encounters. Protecting human rights underscores the legal principle of not only affirming the fundamental equality of all human beings, but equally safeguarding it. These two principles are universally defined, but are ordinarily specified by the particular value system of individual cultures in which they are employed. It is within such particular cultural application that their relevance stands out. The thrust of this paper is that, since principles are general action guides, they actually constitute a universal language for the analysis and evaluation of all human conduct. However, there is also recognition of the fact that moral contexts vary from culture to culture, and that while the scope of the two principles above is not restricted by any particular culture, it is indeed those cultural specifics of each moral context that constitute the framework within which the principles become operational. As general action guides, I will argue that these principles lack moral relevance outside of those particular cultural settings wherein they are contextualized. Without such relevance, these principles become meaningless mantras. I will further show that such principles do not merely uphold values informed by particular cultures, but they are an embodiment of values inherent to human nature in general. Consequently, these principles do not just serve as instruments for addressing issues peculiar to ＂Western bioethics＂ or any other particular cultural setting in an exclusive sense, but are also used for moderating bioethics discourse that transcend particular cultural boundaries. I will further explain that such universal discourse is potentially instructive with regards to how cultural universals are viewed in relation to the cultural particulars, and that this discourse essentially becomes a lingua franca for cross-cultural dialogue in bioethics.

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.