On the System Structure of Socialist Human Rights Theory with Chinese Characteristics

General Secretary Xi Jinping’s important statements on respecting and protecting human rights provide authoritative guidance for constructing a socialist human rights theory with Chinese characteristics. Based on his remarks, the theoretical system of socialist human rights with Chinese characteristics is composed of four major parts: Functions of human rights, subjects of human rights, connotations of human rights and protection of human rights. The functions of human rights consist of people’s interests and free and all-round development. The former is the basic function, while the latter is the ultimate function. The subjects of human rights include collective human rights and individual human rights. The latter is the basis of the former, while the former is the latter’s guarantee. The connotations of human rights cover basic human rights, foremost human rights and specific human rights. The protection of human rights is composed of legal protection and international human rights governance. All five parts of the system of the socialist rule of law with distinctive Chinese features guarantee the protection of human rights. China has participated extensively in the cause of human rights in the world, protected the rights to subsistence and development of people in every corner of the world for a long time, actively promoted the reform of global governance of human rights and the construction of a community of a shared future for human beings, and highlighted the international legal protection of human rights.

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.

Study on Farmers' Cognition and Willingness to Plant Trees during Collective Forest Right Reform Based on Data from Plain Areas of Henan Province

On the basis of the survey data from plain areas of Henan Province,farmers' cognition and willingness to plant trees in collective forest right reform are studied. According to statistical analysis and regression equation of binary logistic regress analysis,it is generally believed that different participants have various attitudes to the reform,with regard to if planting trees or more,reform variables have a distinct effect,as well as income variable and loaning or lending variable. At last,some advices are put forward,that is,the government should strengthen collective forest right reform,accelerate matching reform and increase policy and financial support to forestry farmers.

Study on"Same Land,Same Right,Same Price"of Collective Commercial Construction Land and State-owned Land

Taking Changyuan City of Henan Province,a pilot city of collective commercial construction land reform,as the research object,this paper analyzes the scientific connotation of"same land,same right,same price"of collective commercial construction land and state-owned land in the unified urban-rural construction land market system,and how to realize"same land,same right,same price".The results show that in order to realize the fair entry of collective construction land into the market,it must base on scientific use control,unify the urban and rural construction land market and adhere to the guidance of market mechanism,and finally realize the sustainable development of the land market.

超声测量肝硬化患者右心功能与Child-Pugh分级的相关性分析

目的探讨超声测量肝硬化患者右心功能与Child-Pugh分级的相关性。方法选取2021年3月至2023年3月在亳州宝璋医院就诊的78例肝硬化患者和同期78名健康体检者。根据Child-Pugh分级将78例肝硬化患者分为A级(38例)、B级(30例)、C级(10例)3组。比较肝硬化患者与健康人的右心结构及右心功能指标,比较不同分级患者右心功能差异,分析两者的相关性。结果肝硬化组RASd、RALd、RADd、RVDd、RVAW分别为(38.79±4.16)mm、(44.94±5.17)mm、(36.07±2.16)mm、(21.45±1.84)mm、(2.39±0.57)mm,均显著高于对照组(35.42±2.88)mm、(41.01±4.13)mm、(35.31±2.08)mm、(19.38±1.63)mm、(2.01±0.21)mm,差异均有统计学意义(P<0.05)。两组E/E’分别为(6.50±1.39)、(6.60±1.62),差异均有统计学意义(P>0.05);肝硬化组RVFAC、E/A分别为(43.20±6.04)%、(1.28±0.27),低于对照组(45.08±4.12)%、(1.39±0.31);而TAPSE、Tei指数分别为(23.80±3.06)mm、(0.43±0.10),高于对照组(22.61±3.11)mm、(0.37±0.12)(P<0.05)。Child-Pugh分级A级的肝硬化患者RVFAC为(41.71±5.03)%,低于B级患者(45.09±6.07)%;E/A为(1.41±0.36),高于C级患者(1.11±0.21);Tei指数为(0.38±0.09),低于C级患者(0.45±0.04),差异均有统计学意义(P<0.05)。经相关性分析,E/A与Child-Pugh分级呈现负相关,Tei指数与Child-Pugh分级呈现正相关(P<0.05)。结论超声测量肝硬化患者右心功能简便,重复性好,超声检查显示肝硬化患者存在右心功能损伤,且随肝硬化病情进展加重。

Developing the Commons: Models of Rural Land Trust in China

In recent years,experiments on land trusts(xin tuo)have been made in the rural areas of China.To better understand such practice,this research identifies four case studies based on their operational structures and divides them into government-led models and market-led models.The government-led models include the Yiyang Model in Hunan Province,and the Longgang Model in Hubei Province.The market-led models include the Suzhou Model in Anhui Province,and the Golden Field Series Model in Jiangsu Province.This paper compares their profit-sharing mechanisms with specific attention given to the incentives for the villagers.Findings suggest that the villagers’profits are limited in both models.The government-led models concern less about profits but more on reusing the desolated agricultural land.The market-led models are profit-driven therefore tend to exclude the villagers from the profit-sharing process.

The New Contribution to the Important Discourse on Human Rights by General Secretary xi Jinping

Under the background of the fact that human rights protection has become an important part of the socialist construction with Chinese characteristics in the new era, and with the international background of the strengthened trend of mainstreaming of human rights, Xi Jinping’s series of speeches and the 19 th CPC national Congress reports comprehensively explained the construction of human rights in China and the development of the international human rights. The important discourse on human rights by General Secretary Xi Jinping is people-centered: people’s yearning for a better life is our goal and reveals the source of human rights. Chinese dream is a dream of the country, of the nation, and of everyone in China. The close integration of individual and collective human rights points out that the state and people are important parts of collective human rights and it is an effective response to the "human rights over sovereignty" of Western countries. That there are not the best human rights, but the better ones; fighting for human rights is not always done, but always doing scientifically reveals the operational form of human rights. The right of survival and development is the primary human right; to attach importance to the right of peace conforms to the reality of our country and it has the support of the vast number of developing countries. Building a community with a shared future for human beings is a new vision for the development of the international human rights. only when the perfection and implementation of Constitution and law are paid attention to, and the democratization and legalization of the international human rights cause are promoted, can the guarantee be provided for the realization of human rights. The important discourse on human rights by General Secretary Xi Jinping is guided by Marxism, carries the communist party member’s original intention of serving people and is deeply rooted in the masses of the people. It inherits the theory of "benevolence" and "harmony" in Chinese culture,stands at the height of history and times, and points out the direction for the all-round development of Chinese people and the overall progress of society, and for the liberation of all mankind. This scientific theory is successfully guiding China’s human rights construction constantly towards new achievements and has had a profound and extensive impact on the international human rights cause.

Methods and Paths for Rural Collectively Owned Profit-oriented Construction Land Entering into Trading Market

On the basis of analyzing cases of existing rural collectively owned profit-oriented construction land entering into trading market,this paper put forward several thoughts,introduced methods and paths for rural collectively owned profit-oriented construction land entering into trading market,including reforming rural collective land property right system,cultivating new rural collective economy organizations,helping them to become market entities; improving various legal systems,making clear range of construction land entering into trading market; formulating scientific benefit allocation mechanism; establishing fair and transparent decision making mechanism.

Path Choice of Rural Land Transfer in China

Establishing rural land collective property right system with clear ownership,complete powers and functions,smooth transfer,and strict protection is the basic guarantee to the equal exchange of land elements. In this study,the reform of relevant legal systems to China's rural land transfer was introduced firstly,and then the guiding ideology of China's rural land transfer was proposed. Finally,the ways of practicing rural land transfer in China were discussed. Based on the premise of insisting on and improving the strictest land preservation system,farmers should have the right to occupy,use,and transfer their contracted land,and they can transfer their land contracting and management right in ways of exchange,subcontracting,renting,stock cooperation,and trust. Exploring the ways of equal exchange of land elements according to local conditions is an important political and economic issue concerning the livelihood and development of farmers in China,so it should be conducted under the guidance of the correct ideas to integrate scattered land in China's rural areas,develop moderate-scale management,shorten the income gap between urban and rural areas,and realize balancing development of urban and rural areas in China.

The WHO African Region: Research Priorities on Sexual and Reproductive Health and Rights

Background: Many policy makers deliberating on comprehensive sexual and reproductive health and rights services need reliable evidence to make choices that benefit women, adolescents, children and the wider society. While universal health coverage discourse provides an opportunity to expand access through evidence based interventions, many gaps exist. Research prioritization has proved to be very helpful in identifying relevant areas especially in constrained resource settings. The purpose of this paper is to present the results of the World Health Organization Africa Region research prioritization for sexual and reproductive health and rights. These priorities hope to guide the region for the next three years. Methods: We used the Child Health and Nutrition Research Initiative approach to identify priority questions among many potential areas for research prioritization on sexual and reproductive health and rights. The implementation process was organized in three phases. The first phase involved sending out an online survey to various experts with experience in sexual and reproductive health rights. These questions were received by a technical team from World Health Organization headquarters for review. 634 questions were identified for potential research and grouped into 12 themes. The second phase involved experts who reviewed the questions. The team merged questions with duplications, removed the questions that were out of scope and finally refined the wordings. In the final phase, experts worked in groups to score and rank top ten priority questions for each of the 12 thematic areas. Results: A list of 120 priority questions for sexual and reproductive health and rights were prioritized by 67 participants drawn from 16 organizations. Most of the priority research questions (45%) focused on the theme of gender-based violence, 35% prioritized services in sexual and reproductive health and rights in humanitarian settings while 15% prioritized preventing unsafe abortion. 5% of the participants prioritized cervical cancer prevalence, prevention and treatment as a thematic area out of the questions in the top 20 research priority questions. Conclusions: Key priority research questions in sexual and reproductive health and rights were identified around five themes. The priority list will be of significance to World Health Organization regional Office for Africa and her stakeholders for the next three years.

Let Each Child Have a Role to Play——A teacher's experiences in human rights education

The future of a country and society belongs to children and youngsters. As a primary school teacher, I keenly feel the need to educate our children in human rights, so that they will develop in an all-round way, morally, intellectually and physically. Over the past few yeas, I have tried to incorporate education in human rights into activities in

农村集体产权制度改革综合评价及障碍因子分析

基于改革政策目标,从产权能力完善、集体经济发展和农民权益保障三个方面,运用熵权TOPSIS法和障碍度模型,对中国30个省(区、市)2014—2021年的农村集体产权制度改革进行综合评价和障碍因子分析。研究发现:中国农村集体产权制度改革水平总体呈平稳上升趋势,区域间呈现“东高西低”的特征,各地区改革水平的差距呈逐步缩小态势;各省(区、市)农村集体产权制度改革的主要障碍因子是农业机械化水平、家庭农场发展水平、农村市场化程度、集体经营收入水平、集体经济组织管理能力和农村居民财产性收入占比,基本属于集体经济发展维度,表明农村集体经济发展水平与改革规划目标仍有差距,还需进一步提升集体产权改革的经济效能。

制度变迁背景下集体建设用地改造与政府角色回归:以佛山市南海区为例

集体建设用地再开发是盘活存量,促进城市高质量发展的主要途径,伴随着集体土地产权制度路径依赖式的变迁:自上而下的土地确权正式化集体建设用地的存在,赋予村集体权利,但在土地初次开发中自下而上形成的制度制约着改造。文章探讨制度变迁下,地方政府如何与村集体互动,化解上述制度制约,促进集体建设用地市场化改造的。研究发现,集体建设用地正式化开启了改造市场,但仍受空间破碎、集体土地经营内卷化、开发权模糊的约束。地方政府发挥了企业化的非正式角色,与村集体形成合作与竞争并存的协商型合作关系。合作在于政府从供、需两侧化解前述制约,充当村集体与市场主体间的“交易中介”,降低交易成本,助力改造。竞争表现为村集体为攫取地租把持政府,损害社会公平。地方政府的“非正式”角色应予以制度化,以规避其在维护社会公益上的失灵。

论妨碍探望的民事责任

探望被妨碍的救济问题应纳入债之关系进行处理。增加直接抚养方父母压力不能成为排斥适用债法规范的当然理由。根据双方是否存在探望权行使约定,可相应形成违约损害赔偿责任、法定义务不履行责任与侵权损害赔偿责任等形态。探望权约定作为纯粹身份关系协议具有一定的法律约束力,在不直接损害未成年子女利益的前提下,可根据《中华人民共和国民法典》第464条第2款,参照适用违约责任规范。即使欠缺双方具体约定,双方之间亦存在法定义务,直接抚养方父母不仅有协助间接抚养方父母行使探望权的义务,而且有保护间接抚养方父母相关财产利益的义务。在直接抚养方父母不履行义务时,可经由《中华人民共和国民法典》第468条链接债务不履行责任规范。探望权在对外层面具有绝对权性质,受侵权法保护。无论基于何种责任基础,均应采一般过错归责,无益费用均可纳入损害赔偿范围。

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。

农村集体产权改革对县域经济发展的影响

农村集体产权改革不仅是制度上的调整,更是激发县域经济增长的关键动力。以新一轮农村集体产权改革作为准自然实验,利用2010—2019年间涵盖1911个县域的面板数据,探讨农村集体产权改革对县域经济增长的实际影响,并进一步验证其内在的作用机理和异质性特征,结果表明:农村集体产权改革显著提升了县域经济发展水平;在传导路径方面,农村集体产权改革主要通过提升生产效率、促进产业集聚以及吸引资本流入推动县域经济增长。分组研究结果表明:在东部地区以及市场化程度较高的县域中,农村集体产权改革展现出更加明显的经济拉动效应。为充分发挥农村集体经济的重要资源优势,应提升农村集体产权改革的包容性和灵活度,激发农村集体经济组织的活力,以促进县域经济的高质量增长。

从历史走向未来的农民集体发展权刍议

新形势下农民集体发展权应时代变化要求而生,以更好因应乡村振兴和共同富裕。一直以来农民集体合作发展都有着悠久历史,发展权的集体人权意涵、以人民为中心的人权理念遵循、现代性下的农民个体困境更是构筑了当下农民集体发展权的新兴逻辑。面向未来,农民集体发展权的主体必然是农民集体,并需依靠壮大农村集体经济、提升农村治理效能、优化农村社会保障来促进农民集体发展权的实现,以使农民能够在乡村振兴下跟上共同富裕的步伐。