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The Historical Position and Value Dimensions of Human Rights Civilization
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作者 鲁广锦 PAN Yingzhao 《The Journal of Human Rights》 2024年第1期11-41,共31页
Human beings are the mainstay and the ultimate goal of civilization.The history of human civilization is a continuous struggle to realize the respect,liberation,protection,and development of humanity.Human rights are ... Human beings are the mainstay and the ultimate goal of civilization.The history of human civilization is a continuous struggle to realize the respect,liberation,protection,and development of humanity.Human rights are an achievement of humanity and a symbol of progress,and the human rights civilization is an important component of human civilization.Understanding and interpreting human rights from the perspective of human rights civilization means that human rights are not only a concept or an idea but also a grand historical and long-term social practice.Up to now,the development of human rights civilization has roughly experienced four awakening eras:initialization,revolution,popularization,and globalization.In terms of its value dimensions,it has the characteristics of progressiveness,diversity,commonality,inclusiveness,indivisibility,openness,and so on.The historical position of human rights civilization and the development of its value dimensions have shown to the world that human rights are the common wealth of humanity,and human rights belong to all mankind;human rights are historical,concrete,and developmental;the concept of human rights is constantly evolving,and its connotations and categories are constantly expanding;achieving the free and well-rounded development of every person is the highest value realm of human rights civilization.The Chinese modernization endows Chinese civilization with modern strength and opens up new horizons for human rights civilization.The new pattern of human rights civilization to be created by Chinese modernization not only possesses the common characteristics of human rights civilization but also enjoys Chinese characteristics based on its own national conditions,enriching and developing the diversity of human rights civilization for all mankind. 展开更多
关键词 human rights civilization four awakening eras of human rights value dimensions of human rights Chinese modernization new pattern of human rights civilization with Chinese characteristics
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Research on the Constitutional,Historical and Practical Logic of the Chinese Path of Human Rights Development——From the Perspective of the Inclusion of Human Rights Clause in the Constitution
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作者 FAN Jinxue 《The Journal of Human Rights》 2024年第3期521-547,共27页
The inclusion of the human rights clause in the Chi-nese Constitution is a concern and expression of the spirit of the Con-stitution,which has laid the institutional regulations of the fundamen-tal law for the develop... The inclusion of the human rights clause in the Chi-nese Constitution is a concern and expression of the spirit of the Con-stitution,which has laid the institutional regulations of the fundamen-tal law for the development of human rights in China,provided the principles and value norms of the highest level of effectiveness for the legal protection of human rights,and built a profound constitutional basis for the formation and improvement of the Chinese path of human rights development.The human rights clause is not only a summariza-tion and affirmation of the historical practice of Chinese human rights development under the leadership of the Communist Party of China,but also a new starting point for the development of human rights in China under the leadership of the Communist Party of China.It marks that the development of human rights in China has entered a new era.The Party and the state have finally embarked on a path of human rights development with Chinese characteristics by formulating and implementing the Human Rights Action Plan of China,eliminating ab-solute poverty through the national poverty alleviation campaign,and promoting human rights protection through the rule of law. 展开更多
关键词 inclusion of the human rights clause in the Consti-tution regulations on fundamental rights Chinese path of human rights development historical logic practice logic
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Twenty Years of the Implementation of the Human Rights Clause in the Constitution:Achievements,Implications,and Research Topics
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作者 HAN Dayuan 《The Journal of Human Rights》 2024年第3期509-520,共12页
On March 14,2004,the Second Session of the 10th National People’s Congress of China adopted the fourth amendment to the Chinese Constitution,the most noticeable highlight of which is the addition of the paragraph“th... On March 14,2004,the Second Session of the 10th National People’s Congress of China adopted the fourth amendment to the Chinese Constitution,the most noticeable highlight of which is the addition of the paragraph“the state respects and protects human rights”as the third clause in Article 33 of Chapter II“Basic Rights and Obligations of Citizens”in the Constitution.The inclusion of the clause of human rights in the Constitution is considered an important milestone in the history of human rights development in the People’s Republic of China.The implementation of the human rights clause not only showcases the values of the Party and the state in respecting and protecting human rights,but also promotes the development of human rights,shapes the culture of human rights,and endows the rule of law with a rich humanistic spirit.Over the past 20 years,the publicity,research and practice of the human rights clause have made the Chi-nese people realize that human rights are not only a“great term”,but also a common value shared by mankind.Amid the once-in-a-century changes of the world,although the development of human rights is facing various challenges,the humanistic spirit contained in the hu-man rights clause has become the internal driving force for building consensus in the whole of society.Reinterpreting the significance and value of the human rights clause can help us conscientiously draw on the experience in the implementation of the clause over the past 20 years and contribute Chinese wisdom and experience to global human rights governance with a more open mind and inclusive attitude. 展开更多
关键词 PERSONS human rights CONSTITUTION human rights clause
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From the Subjectivity of Human Rights to the Universality of Human Rights——A Preliminary Interpretation of the Theory on the Subjectivity of Human Rights
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作者 HUANG Jinrong 《The Journal of Human Rights》 2024年第3期709-733,共25页
Universality is one of the essential characteristics of human rights, but there is a substantive difference between idealism and realism in understanding the concept of universality of human rights. The concepts of ra... Universality is one of the essential characteristics of human rights, but there is a substantive difference between idealism and realism in understanding the concept of universality of human rights. The concepts of radical universality and strong universality based on the concept of natural human rights are too idealistic and thus have a high risk of being alienated into a tool of international re-pression in practice. On the contrary, the theory on the subjectivity of human rights can effectively defuse this risk brought about by radical universality and strong universality. Advocating a transition from the universality of human rights to the subjectivity of human rights not only keeps in line with the actual construction process of international human rights, but can also effectively interpret the practical difficul-ties in the realization process of international human rights. Therefore, it can be used as another alternative theory on human rights beyond the theory of natural human rights. 展开更多
关键词 human rights UNIVERSALITY SUBJECTIVITY concept of natural human rights
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On the Dilemma of Contemporary Liberal Theory of Moral Rights for Penalty Justification——Exemplified by the Right to Personal Liberty
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作者 ZHANG Fengming LIU Zuoyong 《The Journal of Human Rights》 2024年第4期951-975,共25页
Contemporary liberal theory on moral rights argues that moral rights associated with personal liberty constitute a strong constraint on the boundaries of state power.Therefore,the core issue of the penalty justificati... Contemporary liberal theory on moral rights argues that moral rights associated with personal liberty constitute a strong constraint on the boundaries of state power.Therefore,the core issue of the penalty justification is not the purpose of the penalty,but the reason for the penalty to refrain from infringing on the moral rights of individuals.In order to justify the penal system,scholars have explored solutions such as limiting the content of rights,waiving rights,and finally rights forfeiture.However,the concept of rights forfeiture cannot be reasonably integrated into the framework of the liberal theory of moral rights.The failure of these attempts stems from the patchwork understanding of rights presupposed by the liberal theory of moral rights.There is another systematic way of understanding rights that offers a better justification.Individual rights are not an independent non-derivative moral justification,and both individual rights and the penal power of the state are only part of a specific(realistic or ideal)system of rules that collectively serve certain values.The real question of penalty justification is not why the punishment does not infringe on the moral rights of individuals,but whether the overall institutional arrangements,including the penal system,are justifiable for all citizens,including the punished. 展开更多
关键词 moral rights penalty justification consent forfeiture DEPRIVATION
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Access to Financial Services——An Analysis from the Human Rights Perspective
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作者 孙世彦 张贵军 SHEN Junjun 《The Journal of Human Rights》 2024年第1期173-201,共29页
There is a broad connection between finance and human rights,with finance having both positive and negative impacts on human rights.Everyone has a need for access to financial services.Documents in both the internatio... There is a broad connection between finance and human rights,with finance having both positive and negative impacts on human rights.Everyone has a need for access to financial services.Documents in both the international human rights and international finance fields address the relationship between financial services and human rights.Among financial services,microcredit and inclusive finance have the closest connection to human rights and potentially the greatest impact on human rights.Access to financial services promotes economic,social,and cultural rights as well as the rights of specific groups.The conditions for access to financial services to promote human rights require the state to assume obligations to recognize,respect,protect,and fulfill the need for individuals to access financial services,and to ensure the availability,accessibility,acceptability,and adaptability of basic financial services.Access to financial services has played a significant role in China’s comprehensive victory in the battle of poverty alleviation,providing valuable experience for the international community in poverty eradication,achieving sustainable development goals,and protecting and promoting human rights. 展开更多
关键词 financial service human rights perspective inclusive finance poverty eradication 4A scheme
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Pioneering a New Realm of Human Rights Civilization in the Chinese Path to Modernization——An Overview of the Symposium on“The Chinese Path to Modernization and the Promotion of Free and Comprehensive Human Development”
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作者 王新怡 黄安杰 QIAN chuijun(Translated) 《The Journal of Human Rights》 2024年第2期476-481,共6页
On October 14,2023,a symposium themed“The Chinese Path to Modernization and the Promotion of Free and Comprehensive Human Development”was held in Changchun,Jilin Province,China.More than fifty experts,scholars,and r... On October 14,2023,a symposium themed“The Chinese Path to Modernization and the Promotion of Free and Comprehensive Human Development”was held in Changchun,Jilin Province,China.More than fifty experts,scholars,and researchers from national institutions and universities engaged in discussions and exchanges on human rights on the Chinese path to modernization,including the path,practice,knowledge systems,and civilization forms of human rights.This symposium played a significant role in advancing the construction of the disciplinary system,academic system,and discourse system of human rights in China. 展开更多
关键词 Chinese path to modernization Chinese human rights civilization China’s indigenous human rights knowledge system free and comprehensive human development
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The Historic Achievements of the Communist Party of China in Respecting and Protecting Human Rights in the New Era
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作者 张燚 ZHANG Lianying(Translated) 《The Journal of Human Rights》 2024年第2期287-305,共19页
In the new era,the Communist Party of China(CPC)has made historic achievements in respecting and protecting human rights.Building upon the principle of the“two integrations”(integrating the basic tenets of Marxism w... In the new era,the Communist Party of China(CPC)has made historic achievements in respecting and protecting human rights.Building upon the principle of the“two integrations”(integrating the basic tenets of Marxism with China’s specific realities and fine traditional culture),it has nurtured new theories on respecting and protecting human rights in the new era,which can address the fundamental questions of whom and what the human rights protection efforts in the new era are for.Guided by the principle of“taking our own path,”it has charted a distinct course for the development of human rights,diverging from the Western approach.The CPC has maintained the unity between Party leadership and the respect for and protection of human rights,promoting progress in human rights through the pursuit of“high-quality development,”and ensuring various fundamental rights of the people through the rule of law.Building upon the past experience,the CPC has established the“source”of the institutional framework for respecting and protecting human rights in the new era,crafted the“body”of this institutional framework,and introduced its practical“application.”In promoting the comprehensive advancement of human rights protection,the CPC has facilitated the connotative development of human rights protection in China,empowering China in international human rights discourse,and contributing Chinese strength and wisdom to global human rights governance. 展开更多
关键词 new era the Communist Party of China human rights protection historic achievements
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Economic Growth:The Fundamental Path to the Realization of Social Security Rights for Migrant Workers
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作者 Zhang Yuqing 《Economics World》 2024年第3期117-121,共5页
The International Labour Organization seems to only see the aspect of social security promoting economic growth,while neglecting the aspect of economic growth supporting social security.From the standpoint of material... The International Labour Organization seems to only see the aspect of social security promoting economic growth,while neglecting the aspect of economic growth supporting social security.From the standpoint of materialism and the practice of social security,the realization of social security rights for migrant workers fundamentally depends on economic growth.The Belt and Road Initiative has provided a Chinese solution for creating a strong material and technological foundation to meet the social security needs of all people,including migrant workers. 展开更多
关键词 economic growth migrant workers social security rights implementation pathways
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Problems and Countermeasures to Improve Clinical Trial Participants’Compensation Rights in China
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作者 Yang Xiuqiao Wen Ping +2 位作者 Lin Hong Chen Wenhuan Chen Yuwen 《Asian Journal of Social Pharmacy》 2024年第1期58-63,共6页
Objective To discuss the problems existing in the compensation of Chinese clinical trial participants and propose some suggestions for improving their rights.Methods The literature related to the participants’right t... Objective To discuss the problems existing in the compensation of Chinese clinical trial participants and propose some suggestions for improving their rights.Methods The literature related to the participants’right to compensation at home and abroad was searched to study the inadequacy of the compensation right for clinical trial participants in China from four aspects:insurance system,principle of attribution,legal relationship and compensation regulations.Then,some suggestions to improve the participants’right to compensation were proposed.Results and Conclusion China lacks clear legal norms for participants’right to compensation.There are problems such as unclear insurance rules and compensation rules,unclear contractual relationships between parties to clinical trials,and no laws and regulations to rely on for attribution and compensation.China should issue regulatory guidelines related to the right to compensation of participants in clinical trials,so that all parties in clinical trials can have rules to follow if there is the occurrence of injury,which can better protect the rights and interests of the participants. 展开更多
关键词 clinical trial PARTICIPANT compensation right
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Federation Boosting Tree for Originator Rights Protection
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作者 Yinggang Sun Hongguo Zhang +3 位作者 Chao Ma Hai Huang Dongyang Zhan Jiaxing Qu 《Computers, Materials & Continua》 SCIE EI 2023年第2期4043-4058,共16页
The problem of data island hinders the application of big data in artificial intelligence model training,so researchers propose a federated learning framework.It enables model training without having to centralize all... The problem of data island hinders the application of big data in artificial intelligence model training,so researchers propose a federated learning framework.It enables model training without having to centralize all data in a central storage point.In the current horizontal federated learning scheme,each participant gets the final jointly trained model.No solution is proposed for scenarios where participants only provide training data in exchange for benefits,but do not care about the final jointly trained model.Therefore,this paper proposes a newboosted tree algorithm,calledRPBT(the originator Rights Protected federated Boosted Tree algorithm).Compared with the current horizontal federal learning algorithm,each participant will obtain the final jointly trained model.RPBT can guarantee that the local data of the participants will not be leaked,while the final jointly trained model cannot be obtained.It is worth mentioning that,from the perspective of the participants,the scheme uses the batch idea to make the participants participate in the training in random batches.Therefore,this scheme is more suitable for scenarios where a large number of participants are jointly modeling.Furthermore,a small number of participants will not actually participate in the joint training process.Therefore,the proposed scheme is more secure.Theoretical analysis and experimental evaluations show that RPBT is secure,accurate and efficient. 展开更多
关键词 Federated learning data privacy rights protection decision tree
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Non‑fungible tokens:a bubble or the end of an era of intellectual property rights
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作者 Elli Kraizberg 《Financial Innovation》 2023年第1期777-796,共20页
The viability of exponentially growing non-fungible token(NFT)market is evaluated by identifying potential value-generating mechanisms that can be rationalized.After identifying the value-generating mechanisms underly... The viability of exponentially growing non-fungible token(NFT)market is evaluated by identifying potential value-generating mechanisms that can be rationalized.After identifying the value-generating mechanisms underlying the positive values of NFTs,this study establishes a pricing model for NFTs that follows a continuous-time financial framework.As NFTs are claimed to securitize“ownership rights short of use”,and as such they may potentially serve as a substitute for the need to rely replace the reliance on the legal protection provided by intellectual property rights(IPRs).Considering this issue,this study evaluates the likelihood that NFTs will replace existing mechanisms that protect producers’rightful claim to use their assets or the need to apply the legal code that governs IPRs.The financial condition for this potential shift is derived for a category of assets whose use or consumption does not reduce supply as the notion of scarcity does not apply. 展开更多
关键词 Non-fungible tokens Intellectual property rights STATUS
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An Evaluation of the Core Controversies in Contemporary Western Human Rights Theory——A Study Based on the Examination of the Criterion of Fidelity to Practice
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作者 李聃 LI Donglin 《The Journal of Human Rights》 2023年第3期658-683,共26页
The development of theories on human rights with Chinese characteristics and China’s engagement in global human rights governance cannot be separated from attention to contemporary Western human rights theory.The deb... The development of theories on human rights with Chinese characteristics and China’s engagement in global human rights governance cannot be separated from attention to contemporary Western human rights theory.The debate between naturalistic and political conceptions of human rights has a long history,but discussions on the basic criteria for evaluating human rights theories have been insufficient.This article,focusing on the criterion of fidelity to practice,attempts to identify the development trajectory and direction of human rights theory.The universal claims of naturalistic human rights perspectives and the human rights catalog they propose have been criticized for deviating from practice.On the other hand,political conceptions of human rights,while emphasizing domestic human rights practices,have been criticized for their occasional nature and perceived loss of criticality.The broad-way practice theory seeks a third way that goes beyond the divide between these two perspectives.On the one hand,the theory itself faces limitations and the need for reshaping,while on the other hand,the traditional singular practice theory is also undergoing self-renewal.It can be said that the“internal critique”of contemporary Western human rights theory is already underway and will continue. 展开更多
关键词 human rights practices naturalistic conceptions of human rights political conceptions of human rights the broad-way practice theory singular practice theory
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Practice and Outlook of China's Regulation on the Extraterritorial Human Rights Responsibilities of Transnational Corporations
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作者 孙萌 JIANG Yu 《The Journal of Human Rights》 2023年第3期613-638,共26页
As China’s overseas investment and business operations continue to expand,the issue of human rights risks faced by Chinese transnational corporations abroad has attracted sustained attention from society.In recent ye... As China’s overseas investment and business operations continue to expand,the issue of human rights risks faced by Chinese transnational corporations abroad has attracted sustained attention from society.In recent years,China has enacted a series of laws,regulations,and policies to better regulate the overseas business conduct of transnational corporations,urging them to respect the human rights of the people in host countries and fulfill their social responsibilities to achieve sustainable development.Meanwhile,China has actively participated in the formulation of the Legally Binding Instrument on Activities of Transnational Corporations and Other Business Enterprises in International Human Rights Law,providing a Chinese solution to promote global governance of transnational corporations.However,in practice,the lack of institutional mechanisms,systems,and industry rules to supervise and guide transnational enterprises in fulfilling their human rights responsibilities,as well as the limited awareness of human rights risks among these enterprises,have resulted in ongoing human rights risks in their overseas business operations,particularly regarding labor rights and environmental rights.In response,China should take its national conditions into consideration and focus on the development trends of human rights issues in the business sector at the international level.Drawing on the experiences of other countries,China should explore and establish institutional and practical measures to regulate the human rights responsibilities of transnational enterprises through legislation,administration,and judiciary actions,in order to address the risks and challenges faced by Chinese enterprises in foreign investments and contribute to the sustainable development of the world and global human rights governance. 展开更多
关键词 transnational corporation extraterritorial human rights responsibility corporate social responsibility compliance construction human rights due diligence
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The Development of Human Rights Protection in Cross-border Personality Rights and Tort Conflict Laws
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作者 徐伟功 张亚军 LI Donglin(Translated) 《The Journal of Human Rights》 2023年第6期1319-1346,共28页
Personality rights are basic rights related to human dignity in the concept of human rights protection,and respect for personality rights is the basic prerequisite for safeguarding other human rights.Human rights prot... Personality rights are basic rights related to human dignity in the concept of human rights protection,and respect for personality rights is the basic prerequisite for safeguarding other human rights.Human rights protection exerts a profound impact on the value of legislation and enforcement practices of private international laws in the field of cross-border personality rights infringement in various countries,which is mainly manifested in the integration of substantive justice and the humanistic care concept of protecting the rights of vulnerable groups into formal justice,and expands the development space of human rights protection ideas in cross-border personality rights and tort conflict laws.the diversity of human rights protection values determines that cross-border personality rights infringement may lead to conflicts between personality rights and other basic rights,such as freedom of speech.to reconcile such conflicts,a workable method is to prioritize personality rights protection in accordance with the hierarchy of rights theory in the value judgment of public order reservation or to clarify the limits of the right holder’s tolerance obligation through the limited application of the principle of proportionality.China’s current cross-border personality rights and tort conflict law can optimize the protection of the rights of vulnerable groups by diversifying the options of available legal methods,and establish a balancing mechanism between personality rights and freedom of speech,so as to improve China’s legal protection system for human rights in the field of foreign-related civil and commercial affairs. 展开更多
关键词 human rights protection protection of the rights of vulnerable groups substantive justice personality rights and tort conflict laws
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Building International Consensus and Working Together to Advance the Development of the Global Human Rights Cause—Summary of Academic Views at the Forum on Global Human Rights Governance
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作者 孙本雄 《The Journal of Human Rights》 2023年第4期915-933,共19页
On June 14-15,2023,the Forum on Global Human Rights Governance,jointly hosted by the State Council Information Office,the Ministry of Foreign Affairs,and the China International Development Cooperation Agency,was held... On June 14-15,2023,the Forum on Global Human Rights Governance,jointly hosted by the State Council Information Office,the Ministry of Foreign Affairs,and the China International Development Cooperation Agency,was held in Beijing under the theme of“Equality,Cooperation and Development:The 30th Anniversary of the Vienna Declaration and Programme of Action and Global Human Rights Governance.”Participants conducted in-depth discussions and exchanges on topics such as“International Cooperation and Global Human Rights Governance,”“Global Development Initiative and the Realization of the Right to Development”,“Global Security Initiative and Human Rights Protection,”“UN Human Rights Mechanisms and Global Human Rights Governance,”and“Human Rights Protection in the Digital Age.”The event helped build international consensus and yielded fruitful achievements. 展开更多
关键词 global human rights governance international cooperation a community with a shared future for mankind digital human rights
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Historical Research on Rights in the Eyes of Young Marx
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作者 姚远 《The Journal of Human Rights》 2023年第4期781-803,共23页
Karl Marx’s insightful critique of bourgeois rights,represented in the Declaration of the Rights of Man and of the Citizen adopted by France,can be attributed to the short-term and longterm perspectives he adopted su... Karl Marx’s insightful critique of bourgeois rights,represented in the Declaration of the Rights of Man and of the Citizen adopted by France,can be attributed to the short-term and longterm perspectives he adopted successively in his research.By reading works such as History of France in the Revolutionary Era and History of the French Revolutionary Parliament,Marx was able to examine the original intentions of the legislators in the period of the French Revolution.This short-term examination was the most intuitive and logical approach to studying the Declaration of the Rights of Man and of the Citizen,in which Marx focused on the research of the period of the French National Convention and its idea on property rights.The enigmatic political-legal facts that emerged in 1793 during the French Revolution,along with other incidents,presented an opportunity for Marx to turn to long-term rights surveys.In this context,Marx gradually shifted his attention from the legislators who were the shining protagonists of the“grand political historical drama”to the underlying forces that worked behind them,and in doing so understood how the two major achievements of the French Revolution provided an explanation for the historicity of the phenomenon of rights.Marx’s longterm rights surveys from the perspective of historical materialism were directly inspired by the Kreuznach Notes as well as famous scholars including Francois Guizot,Augustin Thierry,and Henri Saint-Simon. 展开更多
关键词 Karl Marx historical materialism rights French view of history Kreuznach Notes
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The Rights Logic of Common Prosperity:Structure,Evolution,and Path to Implementation
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作者 王德志 王必行 CHEN Feng 《The Journal of Human Rights》 2023年第3期531-557,共27页
The concept of common prosperity embodies the right of the people to a happy life,which is in line with General Secretary Xi Jinping’s proposition that“the people’s happiness is the greatest human right.”Its right... The concept of common prosperity embodies the right of the people to a happy life,which is in line with General Secretary Xi Jinping’s proposition that“the people’s happiness is the greatest human right.”Its rights structure has the attributes of collective rights,reflecting the people’s pursuit of material civilization,spiritual civilization,harmony,beauty,and other social values.The realization of these rights is based on individual diligent labor and also entails human rights responsibilities of the state and society.Since the Third Plenary Session of the 11th Central Committee,China has pursued the basic policy of reform and opening-up,dismantling institutional barriers that hindered the development of productivity and the full realization of rights.This has stimulated the initiative,enthusiasm,and creativity of the people in their endeavors and entrepreneurship,leading to a historic leap from standing up to becoming prosperous.The living standards of the people have greatly improved.In the new journey toward achieving the second centenary goal,China should follow the important discourse of General Secretary Xi Jinping on respecting and protecting human rights,take the path of socialist human rights with Chinese characteristics,and better meet the growing aspirations of the people for a better life in the pursuit of high-quality economic development. 展开更多
关键词 common prosperity the right of the people to a happy life the right to subsistence protection of human rights
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On the Effectiveness of“Cross-cultural Consensus”on Human Rights--Reflecting on Zhang Pengchun’s Contributions to the Universal Declaration of Human Rights
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作者 洪乐为 QIAN Chuijun(Translated) 《The Journal of Human Rights》 2023年第6期1347-1372,共26页
In the example of formulating the Universal Declara-tion of Human Rights in 1948,which involved international human rights discourse,the“cross-cultural consensus”put forward based on Confucian culture by Zhang pengc... In the example of formulating the Universal Declara-tion of Human Rights in 1948,which involved international human rights discourse,the“cross-cultural consensus”put forward based on Confucian culture by Zhang pengchun,the Chinese representative at that time,is widely considered an empirical reference for resolving confrontations and conflicts in the practice of human rights discourse.However,the effectiveness of this kind of cross-cultural consensus in addressing confrontations and conflicts is worth considering.Under the presumption of cultural differences,any attempt to resolve confrontations and conflicts in the human rights discourse must address the inherently controversial issues.the settlement of disputes and differences depends on how deep the consensus involves the values.Based on this,it reveals that the effectiveness of Zhang pengchun’s so-called contribution is limited.therefore,we should not overstate its relevance to the current human rights discourse. 展开更多
关键词 Universal Declaration of Human rights cross-cul-tural consensus effectiveness CONFUCIANISM
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Realization of the Function of Basic Rights to Balance Society--taking personal Information Rights as an example
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作者 马康凤 XU Chao(Translated) 《The Journal of Human Rights》 2023年第6期1224-1250,共27页
The main function of basic rights is to defend against the state’s public power.the traditional theory of basic rights con-structs logic based on the dualistic framework of“state power and individual rights,”and de... The main function of basic rights is to defend against the state’s public power.the traditional theory of basic rights con-structs logic based on the dualistic framework of“state power and individual rights,”and deals with the dualistic horizontal relationship between“the state and individuals.”However,the increasing com-plexity of modern society has led to the emergence of different inter-ests and needs within society and the formation of new social powers,resulting in an unequal relationship between private subjects.In the digital era,this phenomenon has become particularly prominent,ev-idenced by the rise of data-based power and the frequent and serious intrusion of personal information by private subjects.In this context,the value of basic rights should radiate within society and function as a balancing force.taking the protection of personal information as an example,while innovating the idea of regulating society through basic rights,the state’s obligation to protect personal information should be further strengthened.Meanwhile,the direct effect of personal infor-mation rights,which are basic human rights,on the private subjects of data-based power should be established,so as to realize their function in balancing the interests of all parties in society. 展开更多
关键词 basic rights data-based power protection of per-sonal information direct effect
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