Introduction After the birth of the Universal Declaration of Human Rights (UDHR), "universal human rights" became a novel formal legal term both in the field of jurisprudence and in the international community. T...Introduction After the birth of the Universal Declaration of Human Rights (UDHR), "universal human rights" became a novel formal legal term both in the field of jurisprudence and in the international community. The notion of "universal human rights" indicates the ideal of "all human rights for all." As the provision in Article 2 of the UDHR stated: "Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, color, sex, language, religion, politi cal or other opinion, national or social origin, property, birth or other status." However, some nonWestern govern ment officials and intellectuals have expressed doubts about the justifi ability of the term, which seems only to be a reflection of unique Western culture rather than Asian or Arabian ones. At the Vienna World Human Rights Conference, many heads of state said that universal human rights cannot be compatible with nonWest em culture. Even Lee Kuan Yew, the former leader of Singapore, declared in 1996: "Asian values are universal values. European values are European values.''~ This statement is obviously a rejection of the idea that human rights are universal. In contrast, universal rights extremists and human rights activists and NGOs, such as Amnesty International and Human Rights Watch, try to propagandize unified international human rights standards and international human rights re gimes. The debate continues from the diplomatic field to the academic field. But, in the foreseeable future,展开更多
Environmental rights in the early days,as a product of the combination of environmental crises and the ideas of human rights,had a tendency toward being considered absolute.Absolute environmental rights are of enlight...Environmental rights in the early days,as a product of the combination of environmental crises and the ideas of human rights,had a tendency toward being considered absolute.Absolute environmental rights are of enlightening significance in the context of“existing problems in the absence of a system.”However,absolute environmental rights only consider environmental protection while excluding social and economic interests,and therefore cannot be exercised in legal practice.Legal practice now recognizes relative environmental rights that coordinate environmental protection and social and economic development.Given the ambiguous content of environmental rights,it is inappropriate to use external restrictions,and only internal restrictions can be applied.The content of environmental rights should be changed to take into account social and economic factors,and the inevitable result of the change is the shift from absolute environmental rights to relative environmental rights.The legislative purpose of environmental laws in various countries is the dualism of purpose that coordinates environmental protection with social and economic development.The dualism of purpose dovetails with relative environmental rights,and environmental rights should be positioned as purposive environmental rights in environmental law.展开更多
A closed linear relation T in a Banach space X is called left(resp. right) Fredholm if it is upper(resp. lower) semi Fredholm and its range(resp. null space) is topologically complemented in X. We say that T is left(r...A closed linear relation T in a Banach space X is called left(resp. right) Fredholm if it is upper(resp. lower) semi Fredholm and its range(resp. null space) is topologically complemented in X. We say that T is left(resp. right) Browder if it is left(resp. right)Fredholm and has a finite ascent(resp. descent). In this paper, we analyze the stability of the left(resp. right) Fredholm and the left(resp. right) Browder linear relations under commuting Riesz operator perturbations. Recent results of Zivkovic et al. to the case of bounded operators are covered.展开更多
Uncertain security threats caused by vulnerabilities and backdoors are the most serious and difficult problem in cyberspace.This paper analyzes the philosophical and technical causes of the existence of so-called"...Uncertain security threats caused by vulnerabilities and backdoors are the most serious and difficult problem in cyberspace.This paper analyzes the philosophical and technical causes of the existence of so-called"dark functions"such as system vulnerabilities and backdoors,and points out that endogenous security problems cannot be completely eliminated at the theoretical and engineering levels;rather,it is necessary to develop or utilize the endogenous security functions of the system architecture itself.In addition,this paper gives a definition for and lists the main technical characteristics of endogenous safety and security in cyberspace,introduces endogenous safety and security mechanisms and characteristics based on dynamic heterogeneous redundancy(DHR)architecture,and describes the theoretical implications of a coding channel based on DHR.展开更多
The activism of patients associations, in decision making, about health and social services, is an expanding phenomenon in Italy and elsewhere. But the civic roles of these patients associations, in health care settin...The activism of patients associations, in decision making, about health and social services, is an expanding phenomenon in Italy and elsewhere. But the civic roles of these patients associations, in health care settings, remain largely unexplored, especially in the case of patients assuming oral anticoagulant therapy (OAT Patients) for various chronic and severe diseases (stroke, chronic arthritis, maintenance or substitution of cardiac valves). This is a qualitative study, on a Civic Health Organization, the Italian Association of Anti Coagulant Patients (Associazione ltaliana Pazienti Anticolagulati, hereinafter A.I.P.A.) which promotes the rights of OAT patients. The study was carried out in the south of Italy at Cosenza's Hospital. Cosenza is a city in the north of Calabria, a poor Southern Italian region. The research, done between March 2010 and December 2012, involved focus groups, key-informant interviews with volunteers from the local A.I.P.A. unit and the hospital professionals (physicians, nurses, managers) of Cosenza's Annunziata Hospital. This essay mainly analyzes a micro-form of co-deliberative health care democracy: a stable partnership between AIPA members and the cited hospital professionals, based on a mix of advocacy, planning, and co-delivery service roles. In doing this, the paper sketches the development, aims, activities, internal structure and resources, and the role played by this specific citizen-user/patient/career organization in promoting and/or representing the interests of anti-coagulated patients within the legal arena of the Italian health policy. Finally, the paper comes to the point in which OAT patients refer their perceptions of relational rights.展开更多
文摘Introduction After the birth of the Universal Declaration of Human Rights (UDHR), "universal human rights" became a novel formal legal term both in the field of jurisprudence and in the international community. The notion of "universal human rights" indicates the ideal of "all human rights for all." As the provision in Article 2 of the UDHR stated: "Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, color, sex, language, religion, politi cal or other opinion, national or social origin, property, birth or other status." However, some nonWestern govern ment officials and intellectuals have expressed doubts about the justifi ability of the term, which seems only to be a reflection of unique Western culture rather than Asian or Arabian ones. At the Vienna World Human Rights Conference, many heads of state said that universal human rights cannot be compatible with nonWest em culture. Even Lee Kuan Yew, the former leader of Singapore, declared in 1996: "Asian values are universal values. European values are European values.''~ This statement is obviously a rejection of the idea that human rights are universal. In contrast, universal rights extremists and human rights activists and NGOs, such as Amnesty International and Human Rights Watch, try to propagandize unified international human rights standards and international human rights re gimes. The debate continues from the diplomatic field to the academic field. But, in the foreseeable future,
基金the 2021 ministerial-level scientific research project on the construction of the rule of law and legal theory of the Ministry of Justice,“Research on the Construction of China Model of Climate Change Litigation under Double Carbon Target”(Project No.21SFB3028)。
文摘Environmental rights in the early days,as a product of the combination of environmental crises and the ideas of human rights,had a tendency toward being considered absolute.Absolute environmental rights are of enlightening significance in the context of“existing problems in the absence of a system.”However,absolute environmental rights only consider environmental protection while excluding social and economic interests,and therefore cannot be exercised in legal practice.Legal practice now recognizes relative environmental rights that coordinate environmental protection and social and economic development.Given the ambiguous content of environmental rights,it is inappropriate to use external restrictions,and only internal restrictions can be applied.The content of environmental rights should be changed to take into account social and economic factors,and the inevitable result of the change is the shift from absolute environmental rights to relative environmental rights.The legislative purpose of environmental laws in various countries is the dualism of purpose that coordinates environmental protection with social and economic development.The dualism of purpose dovetails with relative environmental rights,and environmental rights should be positioned as purposive environmental rights in environmental law.
文摘A closed linear relation T in a Banach space X is called left(resp. right) Fredholm if it is upper(resp. lower) semi Fredholm and its range(resp. null space) is topologically complemented in X. We say that T is left(resp. right) Browder if it is left(resp. right)Fredholm and has a finite ascent(resp. descent). In this paper, we analyze the stability of the left(resp. right) Fredholm and the left(resp. right) Browder linear relations under commuting Riesz operator perturbations. Recent results of Zivkovic et al. to the case of bounded operators are covered.
基金supported by the National Natural Science Foundation Innovation Group Project(61521003)。
文摘Uncertain security threats caused by vulnerabilities and backdoors are the most serious and difficult problem in cyberspace.This paper analyzes the philosophical and technical causes of the existence of so-called"dark functions"such as system vulnerabilities and backdoors,and points out that endogenous security problems cannot be completely eliminated at the theoretical and engineering levels;rather,it is necessary to develop or utilize the endogenous security functions of the system architecture itself.In addition,this paper gives a definition for and lists the main technical characteristics of endogenous safety and security in cyberspace,introduces endogenous safety and security mechanisms and characteristics based on dynamic heterogeneous redundancy(DHR)architecture,and describes the theoretical implications of a coding channel based on DHR.
文摘The activism of patients associations, in decision making, about health and social services, is an expanding phenomenon in Italy and elsewhere. But the civic roles of these patients associations, in health care settings, remain largely unexplored, especially in the case of patients assuming oral anticoagulant therapy (OAT Patients) for various chronic and severe diseases (stroke, chronic arthritis, maintenance or substitution of cardiac valves). This is a qualitative study, on a Civic Health Organization, the Italian Association of Anti Coagulant Patients (Associazione ltaliana Pazienti Anticolagulati, hereinafter A.I.P.A.) which promotes the rights of OAT patients. The study was carried out in the south of Italy at Cosenza's Hospital. Cosenza is a city in the north of Calabria, a poor Southern Italian region. The research, done between March 2010 and December 2012, involved focus groups, key-informant interviews with volunteers from the local A.I.P.A. unit and the hospital professionals (physicians, nurses, managers) of Cosenza's Annunziata Hospital. This essay mainly analyzes a micro-form of co-deliberative health care democracy: a stable partnership between AIPA members and the cited hospital professionals, based on a mix of advocacy, planning, and co-delivery service roles. In doing this, the paper sketches the development, aims, activities, internal structure and resources, and the role played by this specific citizen-user/patient/career organization in promoting and/or representing the interests of anti-coagulated patients within the legal arena of the Italian health policy. Finally, the paper comes to the point in which OAT patients refer their perceptions of relational rights.