Principles,Standards,and Applicability of Constitutional Interpretation of Basic Rights

Abstract:For departmental legal norms concerning citizens’basic rights,when multiple interpretations are possible based on indi-vidual case circumstances,interpreters representing public authority need to apply the method of constitutional interpretation to screen out the interpretation conclusions that do not violate the Constitution.This means selecting interpretations at the constitutional level that do not overly restrict citizens’basic rights and understanding the specific connotations of legal norms with the principle of“not infringing on citizens’basic rights.”The Constitution,as a framework order,does not require interpreters to choose the most constitutionally aligned interpretation among various constitutional interpretations.If a legal norm does not have a constitutional interpretation conclusion in an individual case circumstance,it indicates that the application of that norm in the case is unconstitutional,and the interpreter should avoid applying the legal norm in that case.Regarding judgment standards,interpreters should apply the principle of proportionality to deter-mine whether each legal interpretation conclusion concerning basic rights-related legal norms complies with the Constitution.Out of respect for the legislature,the application of the sub-principles of pro-portionality should consider the boundaries of interpretative actions.

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.

Appropriate Attitude and Principle for Strengthening Human Rights Protection——Speech at the opening ceremony of the 12th Sino-German Human Rights Symposium, July 13, 2014

Since 1999, there have been 11 Sino-German Human Rights symposiums. Due to the concept of peace and development and the principle of dialogue through consultation, non- confrontation and pragmatism with equality, which have been upheld by organizers, such symposiums have made great achievements. The dialogue mechanism for human rights topics between China and Germany has helped construct a common, accessible and interactive platform for pushing forward human rights legal advancement in both countries, which has brought about a positive influence on the develop- ment of the human rights cause in the two countries. Strengthening legal construction and ensuring hu- man rights are not only the shared aspiration of all the people in the world, but also the irreversible his- torical trend of human civilization. The symposium, with the theme of international law and human rights protection, encourages participants to discuss and share theories and practices in human rights studies, which makes a significant contribu- tion to enriching the modern human rights concept and building a new type of international cooperation. The international community always pays great attention to the relation- ship between human rights and legal governance. China always abides by international human rights con- ventions including the Universal Declaration of Human Rights, which set up fundamental principles for promoting and ensuring human rights, and has endorsed 26 inter- national human rights conventions such as the International Covenant on Economic, Social and Cultural Rights. Meanwhile, China, through legislation, jurisdiction and admin- istration, brings into full play the active role of international human rights conventions in ensuring hu- man rights in the country.

The Guiding Principles of the Cause of Human Rights in China in a New Era

The report of the 19;Communist Party of China National Congress is a document with an important historical position and unique historic contribution in the history of the People’s Republic of China and the great rejuvenation of the Chinese nation.The report can be roughly divided into two parts:general principles and substantial content.The general principles comprise four issues,which are judgment of

An Analysis of the Human Rights Principles under UNGC

range of new social and economic challenges is facing the world following the end of the Cold War inthe 1990s, which come along with the progress of globalization. The United Nations hopes to get global businesses involved in this process by boosting corporate citizenship. Meanwhile, the world body, for the sake of its own development, tries to expand its influence in such a way as to encourage not only state players but also non-state players worldwide to adopt sustainable and socially responsible oolicies.

Macro Characteristics of Human Rights Legal Principles for Ethnic Minorities in New China

In this paper, ethnic minorities refer to the 55 minorities other than the Han ethnic group with- in the borders of the People＇s Republic of China; human rights mean the human rights connotations within the ken of international human rights laws; legal principles mean the principles that all authoritative organizations, legislative organs, administrative departments, judicial organs and other departments should obey.

Imploding the Mirage: The Yogyakarta Principles and the New Era of Globalization

The aim of the article is to examine the role of the Yogyakarta Principles in the new era of globalization.The Principles could be assimilated for their modesty and multiple points of entry in the global system.However,they have not necessarily created formal protections for sexual minorities that keep being abused globally because conservative elites share goals and tactics among themselves to repress these minorities.

Do right things at right time

Stunning colors of lights,inspiring intensity of music,bright staccato of the models' heels against the floor and sharp bursts of clapping from audience---that ardent aura permeated every corner of the hall and stroke the cord of everyone present. Plus those exquisitely-designed and finely-cut trousers on show highlighted the spectacle,and elicited cries of encouragement from spectators. All those elements combined to conjure up a romantic atmosphere…..You may consider it a fashion show,you got it,but it's more than that,it was more like a revel,a revel about dignity,freedom and confidence,which are also the messages imparted from Shi Jiazhuang Royal King Apparel Group who is the protagonist of this event!

An Academic Summary of the International Conference Series on “The Role of the Proportionality Principle in the Pandemic Prevention and Control”

Against the background of a complicated global pandemic situation and normalized pandemic prevention and control in China,leading human rights scholars from China,North America and Eurasia conducted fruitful discussions on the human rights jurisprudence during pandemic through the lens of the proportionality principle at the Sixth Session of the International Seminar Series on"Global Pandemic Prevention and Control and Human Rights Protection",which was organized by the Center for Human Rights Studies of Renmin University of China,under the guidance of the China Society for Human Rights Studies.Focusing on the pandemic-related human rights conditions and legal challenges in global context,participating scholars examined the role of the proportionality principle during the containment of COVID-19 in six topical dimensions,including the normative utility,practical logic,reasonable limits,necessary measures,balancing of interests,and proportional jurisprudence in the post-pandemic era.In oder to cohere human rights jurisprudence for the development of a global community of health for all,this international seminar fostered five fundamental proportionality consensuses from five interrelated perspectives,involving human rights—rule of law—balance—contexts—trends".

Development of the Principle of International Solidarity and the Contribution of China

International solidarity is a fundamental value upheld by the united nations as well as a principle of international law recognized by independent experts on human rights The values and principle of international solidarity have played an important role in promoting human rights, improving the international economic order, driving sustainable development, and tackling global challenges, and they have gained wide support from most developing countries As unilateralism and protectionism continue to spread, global governance and multilateral cooperation are under threat Against this background, the united nations calls for the spirit and principle of international solidarity and the promotion of solidarity rights, including the right to development, and encourages the countries to safeguard global public health through joint actions and to avoid discrimination The concept of a community with a shared future for human beings proposed by China embodies international cooperation, mutual learning and exchanges, and collective efforts to promote and safeguard human rights It has made a positive contribution to enriching and boosting the principle of international solidarity and demonstrated the wisdom and responsibility of China as a major country.

Do right things Do Things Right

The interview of Gao Yong,vice president of China National Textile and Apparel Council; president of China Textile Machinery & Accessory

A Judicial Empirical Study on the Principle of “the Best Interests of the Child”——From the Principles of National Conventions to the Building of Adjudication Norms

“The best interests of the child”is an essential principle of the Convention on the Rights of the Child.Due to the abstractness and ambiguity of this principle,its application is inevitably subject to the judge’s personality.Through empirical analysis,we can find that the judicial documents invoking the principle of“the best interests of the child”by Chinese courts show a significant increase in the number of disputes,types of disputes,and pronounced regional characteristics.The application of this principle by the courts is highly consistent with the judicial interpretative documents issued by the Supreme People’s Court.The invocation of this principle plays the role of interpreting the provisions of the law,the value basis for discretion,and the value orientation for shaping new rules in adjudication.At the same time,it is plagued by a lack of guidelines for the application of principles,invocations that serve the will of judges,and imperfect thinking in weighing the various factors involved.The application of this principle should be improved by setting normative standards for the principle of“the best interests of the child”,increasing case guidance for invoking the principle,and enhancing the professionalism of judges.

On the Concept of“Basic Rights and Interests”in Recordation Review

Abstract:The concept of“basic rights and interests”in the re-cordation review system serves as a key to understanding the mixed use of review standards by the review authorities.The essence of the“basic rights and interests”concept is the value foundation estab-lished by the community for individuals,playing a legitimizing role in the actual operation of the state power system.Through the method of“triple abstraction,”the substantive construction of“basic rights and interests”can be achieved.Ensuring the“basic rights and interests”of citizens can effectively fulfill the functional purpose of the recorda-tion review system.The diverse human rights norms in China’s legal system are the formal carriers of basic rights and interests,which can be categorized into four types:human rights norms in policies,human rights norms in the Constitution,human rights norms in departmental laws,and human rights norms in social and cultural consensus.By examining the interactive connections of these diverse human rights norms,citizens’“basic rights and interests”can be organized into such five categories as survival care,democratic participation,cul-tural education,well-being development,and ecological harmony.The protection of“basic rights and interests”depends on the review authorities’application of the“basic rights and interests”concept to conduct mixed reviews of relevant normative documents.The applica-tion method should be based on the principles of integration,effective-ness,entirety,and harmony.

THE OPTIMAL CONTROL OF DELAY CONTROL SYSTEMS WITH RESTRICTED STATE RIGHT ENDPOINT

In this paper, for the delay control system: (x) over dot (t)=f[x(t), x(t-1), u(t), t] t is an element of[t(0), t(1)] x(t)=psi(t) t is an element of[t(0), t(1)] with state right endpoint restricted by condition psi(k)[x(t(1))]=0 (k=1,2,..., l) a maximum principle is given. And as a specific example, this paper gives a maximum principle under the condition that partial stares right endpoints be completely fixed. Finally, this paper gives an example to explain the application of the main result of this paper. All the results are suitable for the control systems with multidelay as well.

Fundamental Social Rights and Existenzminimum

While fundamental individual rights are unquestionably taken as subjective rights, the same does not happen with fundamental social rights. If they are subjective rights, they are justiciable. The main argument in favor of this understanding is based on liberty. The main argument against is the so called formal argument. In relation to the pro argument, liberty can be either juridical or factual. Juridical liberty has no value without factual liberty, because the right to liberty is only put into practice if one has the factual preconditions for its exercise. The argument against is that their justiciability displaces the competence of the elaboration of public politics from Legislative and Executive to Judiciary Power, what violates the principles of separation of powers and democracy. Nevertheless they are subjective rights indeed, but special ones： they are primafacie subjective rights. There is only one subjective right that is a priori considered definitive： the right to Existenzminimum） Its content is not settled, but it is quite unequivocal that the rights to simple housing, fundamental education and minimum level of medical assistance are part of it. Existenzminimum is then related to the minimum necessary for factual liberty. Against the justiciability of fundamental social rights, there are also arguments related to juridification of politics, administrative discretion and the possible reserve clause. The counter-arguments refer to original and exceptional competence, necessary objective proof of state＇s economical incapability, prohibition of State＇s will, principles of legality and of non-obviation o f Judiciary jurisdiction, Existenzminimun guarantee.

A Healthcare System for Internet of Things (IoT) Application: Machine Learning Based Approach

Internet of things (IoT) has become an interesting topic in the field of technological research. It is basically interconnecting of devices with each other over the internet. Beside its general use in terms of autonomous cars and smart homes, but some of the best applications of IoT technology in fields of health care monitoring is worth mentioning. The main purpose of this research work is to provide comport services for patients. It can be used to promote basic nursing care by improving the quality of care and patient safety from patient home environment. Rural area of a country lacks behind the proper patient monitoring system. So, remote monitoring and prescribing by sharing medical information in an authenticated manner is very effective for betterment of medical facilities in rural area. We have proposed a healthcare system which can analyze ECG report using supervise machine learning techniques. Analyzing report can be stored in cloud platform which can be further used to prescribe by the experienced medical practitioner. For performance evaluation, ECG data is analyzed using six supervised machine learning algorithms. Data sets are divided into two groups: 75 percent data for training the model and rest 25 percent data for testing. To avoid any kind of anomalies or repetitions, cross validation and random train-test split was used to obtain the result as accurate as possible.

On the Relations Between National Security and Human Rights Defined in the Constitution of the People’s Republic of China

Counterterrorism,de-radicalization and anti-violence are the major tasks of the international community.As the arch enemy of human rights,terrorism destroys the constitutional order and endangers people’s lives,freedom and safety.It is the obligation of modern countries and the core value of legal states to safeguard human rights.Human rights should be effectively safeguarded under the premise of building a sound constitutional order and national security.public order and social stability foster a sound environment for the protection of human rights.In the face of terrorism’s severe threat to human rights,all countries are re-examining the order of human rights values and seeking mechanisms and procedures to balance National Security and Human Rights through their constitutions.The concepts of human rights and social order and the ways to explain the two are different due to different constitutional systems and cultural and religious traditions.However,they do have something in common,that is,counterterrorism and de-radicalization do not conflict with human rights protection.Efforts should be made to foster a view of human rights based on security and a view of security based on human rights,and a dynamic principle of proportionality established for counterterrorism and human rights protection,so endowing the traditional principle of proportionality with flexible,rich value connotation.

Protection of Basic Human Rights in the Application of Big Data to Counter Terrorism

In the era of big data,the ways people work,live and think have changed dramatically,and the social governance system is also being restructured.Achieving intelligent social governance has now become a national strategy.The application of big data technology to counterterrorism efforts has become a powerful weapon for all countries.However,due to the uncertainty,difficulty of interpretation and potential risk of discrimination in big data technology and algorithm models,basic human rights,freedom and even ethics are likely to be impacted and challenged.As a result,there is an urgent need to prioritize basic human rights and regulate the application of big data for counter terrorism purposes.The legislation and law enforcement regarding the use of big data to counter terrorism must be subject to constitutional and other legal reviews,so as to strike a balance between safeguarding national security and protecting basic human rights.

最有利于未成年人原则的实践基础与制度理性

《中华人民共和国民法典》《中华人民共和国未成年人保护法》一致采用“最有利于(被监护人/未成年子女/被收养人/未成年人)”表达范式,由此整个未成年人法律体系得以确立贯通性的基本原则,即最有利于未成年人原则。该原则同时具有承继国内法治实践和转化国际公约义务两个向度。对解释文件和司法数据的梳理表明,当前该原则的适用主要呈点阵式分布,存在覆盖不足、标准不一、机械援引等问题。对照国际规范体系,厘清儿童最大利益原则的权利要义、制度约束、效力层级和程序保障有助于为我国最有利于未成年人原则的适用注入系统、辩证和自洽的制度理性,进而通过权利本位明晰化、权益认定规范化、个案研判独异化和保护机制协同化,将这一中国特色表达深化为中国特色实践。

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.