Respect for human rights and protection of human rights are significant rules in the Constitution of the People’s Republic of China.In 2015,judicial administration departments at all levels legally exercised their du...Respect for human rights and protection of human rights are significant rules in the Constitution of the People’s Republic of China.In 2015,judicial administration departments at all levels legally exercised their duties,implemented the principles and rules in constitution,and kept strengthening propagation of human rights through creation of contents and methods which had acquired great effects.What they have done contributes significantly toward the development of human rights in China.展开更多
Climate change,which is the result of human activities,has wide-ranging impact.It poses a serious threat to human rights.Environmental rights are where the protection of the ecological environment and the development ...Climate change,which is the result of human activities,has wide-ranging impact.It poses a serious threat to human rights.Environmental rights are where the protection of the ecological environment and the development of human rights intersect.In view of the close relationship between the actions for addressing climate change and environmental rights,China should integrate the protection of environmental rights into the actions for addressing climate change,so as to achieve simultaneous development of both.In the process of coping with climate change,the right to climate stability that mainly pursues a“harmless”environment and the right to a more livable climate that pursues a“beautiful eco-environment”are specific manifestations of environmental rights and should be the priority of protection efforts.However,there are still some obstacles to achieving the coordinated development of the efforts to address climate change and the protection of environmental rights because traditional rights protection methods mainly give individuals subjective rights with the power to claim and are thus difficult to meet the needs of environmental rights protection in the context of climate change,and there are inherent value differences between responding to climate change and the realization of other human rights.Building a multi-level national obligation system to address climate change,giving full play to the role of courts in responding to climate change through moderate judicial activism,and coordinating the efforts to cope with climate change and the development of human rights under the guidance of a holistic system view are effective ways to overcome the aforementioned difficulties.展开更多
文摘Respect for human rights and protection of human rights are significant rules in the Constitution of the People’s Republic of China.In 2015,judicial administration departments at all levels legally exercised their duties,implemented the principles and rules in constitution,and kept strengthening propagation of human rights through creation of contents and methods which had acquired great effects.What they have done contributes significantly toward the development of human rights in China.
基金This paper is a phased achievement of the 2022 judicial research major project of the Supreme People’s Court,“Research on Judicial Service to Guarantee Carbon Peak and Carbon Neutrality”(Project Approval No.ZGFYZDKT20220301)the major project of the National Social Science Foundation,“Research on Legal Regulations for Biodiversity Protection under the Overall System View”(Project Approval No.19ZDA162).
文摘Climate change,which is the result of human activities,has wide-ranging impact.It poses a serious threat to human rights.Environmental rights are where the protection of the ecological environment and the development of human rights intersect.In view of the close relationship between the actions for addressing climate change and environmental rights,China should integrate the protection of environmental rights into the actions for addressing climate change,so as to achieve simultaneous development of both.In the process of coping with climate change,the right to climate stability that mainly pursues a“harmless”environment and the right to a more livable climate that pursues a“beautiful eco-environment”are specific manifestations of environmental rights and should be the priority of protection efforts.However,there are still some obstacles to achieving the coordinated development of the efforts to address climate change and the protection of environmental rights because traditional rights protection methods mainly give individuals subjective rights with the power to claim and are thus difficult to meet the needs of environmental rights protection in the context of climate change,and there are inherent value differences between responding to climate change and the realization of other human rights.Building a multi-level national obligation system to address climate change,giving full play to the role of courts in responding to climate change through moderate judicial activism,and coordinating the efforts to cope with climate change and the development of human rights under the guidance of a holistic system view are effective ways to overcome the aforementioned difficulties.