The Concept of Human Rights in the Constitution and Its Functional Significance

To practice the constitutional provision that “The state respects and protects human rights”, we should clarify its connotation. The understanding of human rights is a natural requirement and the key. In domestic academia, human rights are considered natural rights and interpreted as “moral rights that everyone should enjoy as a human being”, hoping to provide theoretical support for the development of the system centered on the basic rights of citizens in China.Although it reveals the universal moral connotation of human rights, it does not cover the normative connotation of human rights as common international standards. Therefore, it is impossible to fully clarify the functional significance of the provision. It is conducive to scientifically clarifying the relationship between human rights and basic civil rights,better improving the institutional protection of human rights in China,and promoting the building of a community with a shared future for mankind to interpret human rights as common international standards that everyone should enjoy for human dignity based on the development of the international legal order under the Charter of the United Nations since the end of the World War Ⅱ.

The Dynamic System Theory of Legal Protection for Personal Information Rights Infringement

The advent of the big data era has presented unprecedented challenges to remedies for personal information infringement in areas such as damage assessment,proof of causation,determination of illegality,fault assessment,and liability.Traditional tort law is unable to provide a robust response for these challenges,which severely hinders human rights protection in the digital society.The dynamic system theory represents a third path between fixed constitutive elements and general clauses.It both overcomes the rigidity of the“allor-nothing”legal effect evaluation mechanism of the“element-effect”model and avoids the uncertainty of the general clause model.It can effectively enhance the flexibility of the legal system in responding to social changes.In light of this,it is necessary to construct a dynamic foundational evaluation framework for personal information infringement under the guidance of the dynamic system theory.By relying on the dynamic interplay effect of various foundational evaluation elements,this framework can achieve a flexible evaluation of the constitutive elements of liability and the legal effects of liability for personal information infringement.Through this approach,the crisis of personal information infringement in the era of big data can be mitigated,and the realization of personal information rights as digital human rights can be promoted.

The Constitutional Analysis of Human Rights Legislative Protection

The paths for applying the international human rights conventions in China should be recognized as follows: On the premise of respecting the Constitution of China, systematic human rights which could coordinate the relationship between the Constitution of China and international human rights conventions. The source of the human rights legislation obligations of the legislative organs of China is the Constitution of China, not the international human rights conventions. The legislature should understand and grasp the main contents of the human rights legislation obligations of the legislature according to Paragraph 3 of Article 33 of the Constitution while the interpretation of this clause must be based on the relevant provisions of the international human rights conventions. Human rights legislative obligations of the legislature can be classified into two types: legislative protecting obligations and legislative relief obligations of human rights. The NPC and its Standing Committee should be structurally responsible for the human rights legislation obligation, and the State Council and other organs of the State not for the legislation protection of human rights. A special human rights law should be enacted by the NPC.

On the Constitutional Prescription to “Respect and Ensure Human Rights”

From a historical perspective, the 1982 Constitution was the best one since the founding of the People＇s Republic ofChina （PRC） in 1949.1 With the passage of time and increasing demands from society, China experienced the new sit- uation of modernization, which brought about new conditions or problems in the process of reform and opening up. As a result, the content of the Constitution could not always comply with real conditions. Therefore, the national leg- islature adopted four amendments to the Constitution in 1988,

Constitutional Nature of Personality Rights and Its Manifestation in Civil Law

The formation of personality comes from people’s choices and pursuit of self-realization,which is influenced by objective factors but not determined by them,so personality does not belong to the domain of objectivity.The concept of general personality rights in the German Constitution was initially premised on the objective determinability in the field of personality,but in constitutional jurisprudence,it gradually shifted to something with individual autonomy as the core and personal self-realization as the goal,and the scope of relevant rights expanded accordingly,so that they could not be clearly distinguished from general freedom of action and thus became the general principle of constitutional rights.The protection of constitutional personality rights in the United States and Japan can also confirm this process,providing evidence for the constitutional nature of personality rights.Deeper research shows that constitutional personality rights actually manifest the highest value of modern constitutions—human dignity.In contrast,the theoretical justification of personality rights in civil law just lies in the objectivity and defensive nature of personality elements.

Human Rights Value Based on the Legislation Principle of the Basic Healthcare and Health Promotion Law

The draft of the Basic Healthcare and Health Promotion Law directly incorporates the concept of the right to health,which will have a positive significance in realizing the constitutional norms of the right to health protection.China’s Constitution stipulates the general policy,concrete duties and specific obligations of the state to protect citizens’ right to health,which is the most fundamental logical starting point of legislative design.The implementation of state obligations requires the legislation to follow the principles as follows:people-centered public welfare,respecting and protecting the principle of citizens’ right to health,equitable access to basic medical and health services and the government responsibility for the purpose of the people’s health.

The Human Rights Discourse and its Changes during the Early Establishment of the Communist Party of China: From 1921 to 1927

during the early establishment of the Communist Party of China,human rights became the ideal and goal pursued by the Chinese Communists,and the discourse of human rights was vividly reflected in multiform Party documents.The centennial history of the CPC parallels that of the Chinese people’s exploration,struggle,and practice of human rights.Based on the literature review of the changes of the CPC―human rights discourse from its founding period to the Great Revolution period,this paper expounds on the CPC’s human rights discourse and its expressions in the early days after the Party was founded.

“Take People First,” Respect and Safeguard Human Rights——An interview with Professor Xu Chongde, constitution expert

The Second Session of the 10th National People’s Congress adopted the fourth amendment to the current Constitution of China and adopted 14 amendments to the country’s fundamental law. Professor Xu Chongde, a

Implementing Constitutional Commitments to Human Rights:Parliament and National Human Rights Commissions——a South African Perspective

'What is appropriate for one country in the light of its history, is not necessarily appropriatein another country with a different history. Our final constitution must now be forged in the lightof our history and on the basis of the agreed constitutional principles which both reflect that historyand are part of it'—Arthur Chaskalson: President of the Constitutional Court, 17 July 1995.

The Human Rights Legislation Practices of the Communist Party of China During the War of Liberation

During the War of Liberation,the liberated areas,under the leadership of the Communist Party of China,kept deepening and developing the concepts and ideas of protecting human rights,promulgated a series of human rights laws and related administrative programs,and put them into practice.The contents included not only the political rights of citizens but also their economic,social,and cultural rights,with emphasis on the protection of the rights to subsistence and development.The human rights legislation in the liberated areas has a wartime and class-based nature due to its social environment.It reflects the transition of the Communist Party of China from a revolutionary party to a ruling party on the historical stage.It played an important role in directing,advancing,and promoting the progress of democracy and the rule of law at that time and accumulated experience for the human rights legislation after the founding of the People’s Republic of China.History proves that the Communist Party of China has always been a political party dedicated to fighting for the human rights of the Chinese people,and only the Communist Party of China can lead China’s human rights development to a deeper level.

Constitutional Values of Protecting Human Rights of Disadvantaged Groups

The confrontation between the disadvantaged and advantaged groups is eternal throughout the competition for survival. But the human spiritual world has its humane aspect in addition to competition. The concern for and protection of the disadvantaged group is the moral law characteristic of humanity, just as the Universal Declaration of Human Rights says in its Article 1： ＂All human beings are born free and equal in dignity and rights.

Forum on China's Move to Enshrine Human Rights in Constitution

China Society for Human Rights Studies (CSHRS) called a forum of experts and scholars on March 15 to discuss the significance of getting human rights protection enshrined in China’s fundamental law—the Constitution. Presided over by CSHRS President Zhou Jue, the forum was attended by CSHRS vice-presidents Yang Zhengquan and Dong Yunhu and more than 20 human rights experts and scholars from the

Democratic Values of Mongolians Becoming as a Pillar of Perspectives of Democracy, Human Rights, Freedom, and Legitimacy

The modern democracy in Mongolia has changed from ideology and desires into the daily actions and real-life needs of achievement of the people. The content of this article aimed to categorize the democracy development process and its challenges and opportunities in promoting democratic governance in Mongolia;such brought specific approaches of the changes and difficulties. The content of research article contextual approaches are characterized by own individual research data on democracy as basis on the use of the work and the independent research findings of the researcher. On the overview of process of uncut democracy consolidation, the democracy development in Mongolia managed to the most consistent principles and fundamental values of democracy up to second half of the 1990s. From the second half of the 1990s till the election in 2004, within this term, the following challenges and difficulties risen to action of slowing down that forming of political parties, grouped into fractional, blockage of post-trafficking, conspiracy, and to be corrupted and bribery as mentioned as newly adverse phenomena have begun to the democracy development.

数字时代全过程人民民主宪法实现机制研究

全过程人民民主是一种具有全面建构性、以充分实现人民主体地位为目的的民主形态。数字时代的到来正在引发人类社会上层建筑的变动,在给全过程人民民主的实现带来诸多需要认真应对的挑战的同时,也提供了众多机遇。如果对两者关系处理得当的话,会形成促进双方共同发展的合力。全过程人民民主的实现离不开法治的保障。作为根本法的宪法具有制度拱顶石的作用,在数字时代促进全过程人民民主实现的宪法机制具有双重维度,即组织法律维度与权利体系维度。在这两个维度上,宪法机制同时面临着挑战与机遇。在应对这些挑战、利用这些机遇,更好地在数字时代实现全过程人民民主的过程中,数字时代的宪法理论研究和制度实践也获得进一步发展的机遇。

The Duty of States to Give Sufficient Recognition to the Right to Health

Modern human rights,as they have developed since World War II,have several characteristics that are imperative to how they are viewed.They are universal,indivisible,interdependent and interrelated.That is,they are held by all people by virtue of the fact that they are human,and apply to all people everywhere.Not all human rights are absolute.That is,some are considered“qualified rights”which may be subject to lawful interference.In the Papua New Guinea(PNG)context,interference will be lawful if it is prescribed by law consistent with the national Constitution and necessary to protect either the rights of others or for other considerations,such as national security,public order or public health.In the ending of life context,the weight that should be given to the consent to,and refusal of,treatment in circumstances where the decision will lead to the death of a patient is debated.This leads to another concern which is the way in which the prerequisites for a refusal of treatment(or valid consent)have been construed.The requirements of competence,voluntariness and information-giving arguably come under more intense scrutiny where the ramifications of the decision have such grave consequences.This paper considers consent as a reflection of the ethical principle of respect for personal autonomy that is often expressed in the law as the principle of self-determination.It also reviews the experiences of healthcare professionals who guide an informed consent process made by individuals,spouses,family members and advisors for the loved ones whose sickness,injury or geriatric age prevent them from having decision-making capacity.The last part summarizes the understanding of the nature of the procedure,benefits and risks which are important to informed consent and offers suggestions as to how the situation can be remedied.

中国宪法的价值谱系及其时代图景

中国宪法的价值谱系演绎着我国宪法生成演变的深层逻辑与发展脉络,主导着我国宪法的存在形式和运作过程,反映着我国宪法的精神气质和整体风貌,映射着中国式现代化的本质属性和规范特征。富强、民主、法治、人权诸要素之间相互依存、相互支撑、相互促进,构成了四维一体的中国宪法价值谱系。虽然中国宪法的价值要素与西方社会的宪法价值在话语符号上有某些相似之处,但其精神实质却有着诸多重要的甚至是根本性的差异。中国宪法的先进性和优越性正是蕴含于宪法的价值要素以及立基于这些价值的制度建构及行宪实践之中。