The International Covenant on Civil and Political Rights reflects the world’s perception of human rights, and is of vital importance in the field of international human rights. The Covenant has been signed by Chinese...The International Covenant on Civil and Political Rights reflects the world’s perception of human rights, and is of vital importance in the field of international human rights. The Covenant has been signed by Chinese government. Although not ratified yet, it will definitely have an impact on the reform of China’s Criminal Law. Therefore, it is necessary to further change our notion of the criminal law system by defining the boundary between public power and civil rights and developing the view of human rights protection. In terms of the specific system, it is necessary to further reduce the number of crimes punishable by the death penalty and limit the application of the death sentence, improve China’s Criminal Procedural Law to protect the fundamental rights of suspects and defendants in terms of compulsory measures, investigation means and judicial form, and add some charges like enslavement and illegal human experimentation, which are criminalized around the world, so as to be in line with the requirements of international human rights protection.展开更多
There has been much discussion in the recent decade on the universality or particularity or relativism or on the relations between the universal values and standard systems and cultural diversity or pluralism. But mos...There has been much discussion in the recent decade on the universality or particularity or relativism or on the relations between the universal values and standard systems and cultural diversity or pluralism. But most of the discussions are concentrated on the abstract or conceptual terms, with few touching upon international human fights standards. This is strange, because the disputes will never end and it is impossible to arrive at any conclusions of value if discussions only focus on the different concepts and systems of different countries or civilizations instead of on what has been universally accepted or at least on the international human rights treaties and the customary international human rights laws that are binding to the great number of state parties.展开更多
文摘The International Covenant on Civil and Political Rights reflects the world’s perception of human rights, and is of vital importance in the field of international human rights. The Covenant has been signed by Chinese government. Although not ratified yet, it will definitely have an impact on the reform of China’s Criminal Law. Therefore, it is necessary to further change our notion of the criminal law system by defining the boundary between public power and civil rights and developing the view of human rights protection. In terms of the specific system, it is necessary to further reduce the number of crimes punishable by the death penalty and limit the application of the death sentence, improve China’s Criminal Procedural Law to protect the fundamental rights of suspects and defendants in terms of compulsory measures, investigation means and judicial form, and add some charges like enslavement and illegal human experimentation, which are criminalized around the world, so as to be in line with the requirements of international human rights protection.
文摘There has been much discussion in the recent decade on the universality or particularity or relativism or on the relations between the universal values and standard systems and cultural diversity or pluralism. But most of the discussions are concentrated on the abstract or conceptual terms, with few touching upon international human fights standards. This is strange, because the disputes will never end and it is impossible to arrive at any conclusions of value if discussions only focus on the different concepts and systems of different countries or civilizations instead of on what has been universally accepted or at least on the international human rights treaties and the customary international human rights laws that are binding to the great number of state parties.
