Overall Planning of Public Power and Expression of Private Rights in Cross-regional Trading of Construction Land Quotas

In China, the trading of construction land quotas has undergone an institutional evolution process characterized by gradual deregulation.In 2021, the Central Committee of the Communist Party of China(CPC) resolved to develop a national cross-regional trading mechanism for construction land quotas.Construction land quotas, which have attributes of both public power and private rights, share certain common grounds with the rights of land development, dumping and carbon emission.To build a national trading market for construction land quotas, it is necessary to make clarifications and innovations in macro-level ideas, meso-level mechanisms, and micro-level designs.

知识产权私权话语表达之探讨——以对《TRIPS协定》“private rights”的翻译为切入点

知识产权私权论依托《TRIPS协定》的相关规定成为学界主流学说,而《TRIPS协定》中"private rights"可能的对译词不仅限于"私权"。将"private rights"翻译为私权是我国学者的一种学术选择,但"私权"这一符号隐含了可以优先于政治国家等难以被知识产权实践认可的潜台词,因而学者们对"知识产权私权论"添加了种种但书,然而这些但书因传播学的规律无法到达实践的领域,其后果是"知识产权私权论"在实践中被误读误用。在我国现实语境中,建议换一种翻译方法,选择一个更为价值中立的对译词,从而为建构更具有中国自主立场的知识产权学说作必要的理论铺陈。

The Intervention Path of Fundamental Rights under the Scope of International Private Law

In recent years, international private law scholars have argued for the radiating effect of fundamental rights on international private law by introducing constitutional theory. However,there remains a lack of systematic research on how fundamental rights should be integrated into judicial practices concerning foreign-related civil and commercial cases. Throughout the development of international private law, public policy has served as a historical carrier of substantive values for judicial entities and has consistently played a crucial role in value review. In cases of international private law where conflicts arise with the values of fundamental rights, public policy indirectly excludes the legal choice outcomes to safeguard the human rights values inherent in fundamental rights from infringement.However, due to limitations imposed by the degree of connection and relative conditions, traditional paths of public policy have certain constraints and cannot provide comprehensive protection for fundamental rights. Therefore, there is a need for judges to shift their logical paradigms, transcend bilateral choice-of-law models, and introduce a direct intervention path for fundamental rights. This direct intervention path utilizes the logical analysis framework of the protection scope,intervention, and justification of fundamental rights. It can effectively balance conflicting legal interests and maximize the protection of the fundamental rights of the parties involved.

Rights Risks of Using Affective Computing Technology in Public Governance and Their Regulation

As the frontier of intelligent computing technology,affective computing has been used in border inspection,case investigation,crime assessment,public opinion management,traffic management and other scenarios of public governance.However,there are still public risks associated with its failure to meet the basic requirements of modern public governance,and these risks are rooted in its technical characteristics.The technical characteristics of turning emotions into signals can give rise to such problems as degrading the right to informed consent,de-governance,and undermining human dignity when applied in public governance,and consequently can lead to social rights anxiety.Additionally,the affective modeling characteristics of affective computing tend to incur the rights risks of insufficient algorithm accuracy,algorithmic discrimination,and algorithmic black boxes.To avoid these risks,it is necessary to adopt the dynamic consent model as the premise for applying affective computing in public governance,and to regulate the auxiliary application of affective computing in public governance in a hierarchical manner,to achieve a balance between the application of affective computing technology and the protection of citizens'rights and the maintenance of public ethics.

Legal Mechanisms for the Joint Governance of Public and Private Rights

Traditional jurisprudence has produced few studies at the level of institutional operation,resulting in a lack of knowledge about the structure,actors and symbols involved in the modernization of social governance.This is so much so that modernization of social governance is in practice misunderstood as the rule of law,informatization and adoption of technology.The core issue of social governance is the division of oversight and penalty costs between the state and individuals,but we need to call upon a statutory platform to facilitate cooperation between public and private rights.The modernization of social governance involves the use of legislation to provide techniques and statutory platforms for cooperation in an open society,ensuring the reasonable division of social governance information and penalty costs when public and private rights overlap.The social governance techniques that enable public and private rights to work together involve taking a group of observable symbols or organizations on which consensus has been reached as a statutory platform,with all sides bringing greater accountability to bear on this platform in order to maximize their interests and minimize their transaction costs,with no need to inquire further into its particular constitution.

Development of China's Public Health as an Essential Element of Human Rights

September 2017 Contents Preface Ensuring People’s Right to Health Based on China’s Conditions Continuous Improvement of Health Environment and Conditions Public Health Service Capability Improving Steadily Great Improvement in the Quality of Medical and Health Services Improvement of the National Medical Security System

Human Rights, Governance and Public Policy to Counter the Structural Problems and Brain Drain in Latin America and Haiti

This article will analyze human rights linked to their impact on democracy, inequality, government policies and other structural problems such as an imminent obstacle for socioeconomic development in Latin America and the Caribbean, which is considerable challenges for construction of a rule of law, regional policy and that all people can live in a suitable environment. Today daily brain drain contributes a handicap for the socio-educational and professional development in the region particularly in Haiti. At the end of the article, the results of the research on the difficult socioeconomic situations that prevent extremely poor Haitians to enjoy a dignified life, resulting in partial emigrations to abroad and brain drain will occur. Also, the aspirations of the people are shown in the two poorest departments： Northeast and Northwest.

Timberland Investing and Private Property Rights in the United States of America

Investments in rural land for agriculture, timber, and other natural resource purposes occur frequently and globally. Fundamental principles of liberty and property found in the United States of America’s (“US”) legal system, from its origins to recent US Supreme Court decisions, continue to positively benefit holders of real estate in the Southern US, through a deep-rooted public policy of supporting private property rights and rural economic development. This stable rule of law enhances the long-term adaptability and sustainability of timberland as an asset class. This article is a commentary. It combines legal research methodology with the observations and conclusions of the authors. Its purpose is to demonstrate that the existence of alienable, documentable ownership, and related property rights create inherent stability and security. These principles form the basis of a culture that is defined by the rule of law and is “open for business.” This business mindset is particularly prevalent in the Southern US.

The Conflict and Balance Between Intellectual Property Rights and Public Freedom of Information in the“Anti-circumvention Clause”

There is a long-standing conflict between intellectual property rights and public freedom of information.The continuous development of the“anti-circumvention clause”has caused the conflict to intensify.As a basic human right,freedom of information is being gradually eroded by the expansion of intellectual property rights.The existing research mainly carries on the right balance from the negative protection path,but the positive protection path is more advantageous to realizing the public freedom of information and alleviates the conflict between the two kinds of rights.In practice,there are some problems in the application of the anti-circumvention clause,such as the legality of the aim,the division of the protected part,and the determination of the circumvention.This is mainly due to the lack of restrictions on technical measures,the failure to distinguish between“copyright protection”and“contact control”,and the offside and absence of administrative bodies in practice.We should protect public freedom of information by distinguishing the two measures of copyright protection and contact control and the two torts of access and use,increasing the restrictive conditions for the use of technical protection measures,and changing the functions of administrative supervision agencies.

On the Public Diplomacy of China in the Human Rights Fields

With the development of human rights as the mainstreaming in the international society, the public diplomacy in human rights field is more significant than before. China is facing both opportunities and challenges in regard to the human rights exchange and cooperation, and the public diplomacy of China on human rights needs strengthening. China Society for Human Rights Studies has achieved a lot in human rights studies and promotion in China and in international public diplomacy. The Center for Human Rights Studies of Chinese Academy of Social Sciences plays an important role as a think tank as well. The Beijing Juvenile Legal Aid and Research Center is another example in Chinese public diplomacy on human rights. While the western NGOs are quite active, the voice of their counterparts in the developing countries is very low. China should take efforts to promote public diplomacy on human rights, including advocating Chinese understanding of human rights and participating in drafting and exercising the international human rights law.

An Academic Summary of the International Seminar Series on “State Responsibilities for the Protection of Human Rights in Public Health Crises”

On June 8,2020,an international video conference on"State Responsibilities for the Protection of Human Rights in Public Health Crises,"co-organized by the Human Rights Center of Jilin University,the Law School of Jilin University,the Theoretical Law Research Center of Jilin University and Saint-Petersburg State University of Russia,was successfully held under the guidance of the China Society for Human Rights Studies.Chinese and foreign experts and scholars from universities and research institutions at home and abroad participated in the discussion.In the context of a public health crisis and against the background of a complex international situation,the seminar discussed the responsibility of a state to protect human rights from the perspective of the rights and obligations of states regulated by international laws and the international cooperation exhibited by international relations.It fully demonstrated the importance of multilateral cooperation and promoted the concept of a community with a shared future for human beings.

Public Security Penalties Law Respects, Protects Human Rights

On August 28, 2005, China＇s highest legislature adopted the Law on Penalties in Respect to Public Security Management （hereinafterrefen＇ed to as the Public Security Penalties Law for short）. The Law, adopted at the 17th meeting of the Standing Committee of the Tenth National People＇s Congress, shall become effective for implementation on March 1, 2006 to replace the Regulations on Penalties in Respect to Public： Security Management （Herein after referred to as the Public Security Penalties Regulations for short） that has been in practice for 18 years.

Publicizing China's Human Rights——A Case Study on Human Rights White Papers

Human rights issues are practical political issues in the realm of international relations. Publicizing hu man rights to the rest of the wold i： one key means of spreading the tru image of a rising and responsibl large country. Effective publicit3 regarding human rights developmen can help China win undersandin and respect from the internationa community for China＇s human rightt policies, show the image of a demo cratic, progressive, civilized ant open large country, and create favor. able global public opinion for China Since the Communist Party of Chin （CPC） attaches great importance tc publicity regarding key human right, issues of economic and social signifi. cance in China and of international concern as well, it has organizec relevant press conferences and corn. piled white papers on human rights. White papers are important means fol China to publicize its human right, progress to the rest of the world anc are important windows by which foreign countries can understanc China＇s policies, principled stand, and achievements related to humar rights. Based on a review of Chinese government white papers, this article discusses the work, function and modes of human rights publicity.

Human Rights Reading Materials Series Publication Symposium Held in Beijing

The China Society for Human Rights Studies （CSHRS）, together with the China Foundation forHuman Rights Development （CFHRD） and Hunan University Press, organized a symposium on the publication of the human rights reading materials series on Jan. 11, 2013, in Beijing. More than 30 representatives from governmental offices who attended the symposium said the series would be the most auhoritative textbooks for human rights education in China.

Human Rights Protection and Defusing Public Disputes

The concept of human rights has already become the shared value of the majority of countries in the international community. However, realization of human rights is decided not only by lofty ideals but also pragmatic values. That is, can human rights be used for solving major issues of society？ With regard to the pragmatic value of human rights, the relationship between human rights and defusing public disputes is one of the questions debated by academic researchers and practitioners. Their focus is whether human rights protection helps in defusing public disputes.

宪法上的Civil Rights是公民权利吗?——解读constitutional civil right

作为西方法律文化的产物 ,constitutionalcivilrights有其独特的自然法背景。本文通过对西方法律思想史、宪法史和美国最高法院司法实务见解的梳理与综合分析 ,认为将constitutionalcivilrights译为“公民权利”属于误读 ,它混淆了依据人的属性和依据公民资格而获得的权利之间的道德区别。应将其译为“私人权利” ,明确这一权利体系的前国家与超国家特征 ,使其区别于实证法律传统之下个人依赖作为政治社会成员资格所享有的公民权利 ,并区分宪法权利与民事权利之间的差异。在法官的解释下 ,constitutionalcivilrights还呈现出开放特性 ,是一个能够感应时代变化的、发展的权利体系。

A DRM System Based on Mobile Agent for Digital Rights Redistribution

We propose a digital rights management （DRM） system based on mobile agent to protect the copyrights of content providers. In the system, the content provider creates a time limited blackbox out of an original agent and dispatches it to the user end to enforce DRM functions. The blackbox is an agent that can resist the attacks from the malicious user in a certain time interval. Owing to digital rights redistribution support, the user whose rights belong to redistribution category can transfer his rights to other users. Moreover, by introducing public key infrastructure （PKI） and certificate authority （CA） role, the security of the session can be ensured. An analysis of system security and performance and a comparison with traditional DRM system is given.

The Impact of Central Environmental Inspections on the Perception of Respect for Human Rights and Its Empirical Analysis

To develop China’s human rights cause with a people-centered approach,we should pay close attention to the concrete experiences of the general public regarding the protection of human rights.Deepening the research on the perception of respect for human rights can contribute to a more comprehensive understanding of the practical achievements of the hu man rights cause.Public environmental rights,as a new type of human rights,have become an important aspect of the development of the human rights cause in the new era.The central envi ronmental inspection,as an authoritative and interventionist vertical governance mechanism,promotes the implementation of environmental policies by local Party committees and govern ments and strengthens environmental information disclosure and public participation in environ mental matters.As a result,it contributes to the realization of public environmental rights and stimulates public perception of respect for human rights.Among them,the“look-back inspec tion is an important component of the central environmental inspection,and its implemen tation consolidates and enhances the previous inspection work.An empirical analysis based on the World Values Survey’s data for China indicates that residents in the provinces that have underg one“look-back inspections are more inclined to believe that human rights are adequately re spected compared to residents in the provinces that have not underwent such inspections.It suggests that the advancement and improvement of the central environmental inspection system promote improvements in ecological environment quality and contribute to enhancing the public percep tion of respect for human rights.

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.