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.

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.

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.

On the Expansion and Realization of the Right to Environmental Information in Environmental Protection Supervision

As an innovation in the environmental governance system that breaks the traditional hierarchical structure,environmental protection supervision has not only played a significant role in protecting tangible environmental rights but also expanded the basic scope of the right to environmental information—part of procedural environmental rights.In the supervision of environmental protection,the objects of the right to environmental information and the subjects of the obligation to provide environmental information have been both expanded,with the focus shifting from government information to Party information and from administrative organs to Party organs.This vividly demonstrates the Communist Party of China’s concrete efforts to protect human rights in the field of the endeavor to build an ecological civilization.At present,the realization of the right to environmental information in environmental protection supervision still faces problems such as insufficient standards and norms,disordered practice and operation,and lack of liability guarantee.In this context,based on renewing relevant subjects’cognition of the right to know in environmental protection supervision,we should further improve and specify the rule for disclosing information about environmental protection supervision,rationally distribute the obligations for information disclosure in environmental protection supervision,and clarify the accountability rules for violating relevant requirements for information disclosure,so as to promote the overall development of the environmental protection supervision system while guaranteeing the realization of the right to environmental information.

Analysis on Ecological Personality Right--In the Perspective of Environmental Personality Right

This essay focuses on expanding the traditional theory of personality right and referring to the outside legislative cases in order to promote environmental information disclosure,the purpose,therefore is to realize the ecological personality right.

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.

On the Quadruple Qualities of Marxist Thought on Human Rights

Marxist human rights thought has realized an epochmaking change in human rights thought and has distinguished itself from capitalist human rights thought with its distinctive character.Marxist human rights thought has a humanistic character,starts from human nature and its essence,regards human rights as an important means to realize the all-round development of human beings and the fundamental proof of human liberation.Marxist human rights thought is characterized by being people-centered,and expresses the desire of the masses,with the proletariat as the main body,to realize a better life through the guarantee of human rights.Marxist human rights thought has a practical character,is based on practical materialism,advocates that human rights are derived from the social practice and promotes social practice toward civilization and progress.Marxist human rights thought has the character of rule of law,guides legal governance to the rule of good law,and lays the guarantee fot human rights on the foundation of substantive rule of law.

Pursuit of Excellence:The Past Development and New Progress of the Human Rights Action Plans of China

Since the Vienna Declaration and programme of Action in 1993 recommended that countries formulate national human rights action plans,many countries have carried out relevant explorations.Since 2009,China has formulated four series of Human Rights Action plan of China,which is significant for promoting the development of human rights,enhancing the say in international human rights,reducing social risks and protecting individual rights.The formulation of the plan adheres to the principles of being laws and policies-based and human rights-oriented,and taking into account both the country and society.The first three series of the Action plans have undergone such evolution as upgrade of guiding principles and goals,refinement of rights content and measures,diversification of responsible subjects,increasingly reasonable framework structure,and more human rights consideration in discourse expression.The fourth series of the Action plan pays more attention to expanding public participation and the content,improving the supervision mechanism,and further promoting the formulation and implementation of the Action plan.

Working Together Towards Fairer,More Equitable,Reasonable,and Inclusive Global Human Rights Governance——Summary of Academic Views on the “2022 Beijing Forum on Human Rights”

on July 26, 2022, the 2022 Beijing Forum on Human Rights, co-organized by the China Society for Human Rights Studies and the China Foundation for Human Rights Development, was successfully held in Beijing, with the theme of “Working Together Towards Fairer, More Equitable, Reasonable and Inclusive Global Human Rights Governance”. About 200 senior officials, experts, and scholars from more than 70 countries and international organizations delivered fruitful results in five parallel sessions on Sustainable Development and Human Rights protection, Democracy and Human Rights protection, public Health Security and Human Rights protection, Multilateralism and Global Human Rights Governance, and open and Inclusive Development and Human Rights protection.

History and Logical Progression of China's Public Health System——From the Perspective of the Protection of the Right to Health

A public health system generally refers to public utilities oriented toward protecting and improving health. It is intended to protect the health of the general public. Since the founding of the People’s Republic of China, China has constructed the largest healthcare system in the world. The 20th National Congress of the Communist Party of China(CPC), stressed that China will improve its public health system. Looking back at the history of China’s public health system from its inception to the reform and development and then improvement, it can be found that its development has always revolved around the theoretical logic of unifying rights and obligations and the practical logic of balancing the protection of the right to health and the regulation of state power. The fundamental goal is to protect the right to health of the people. The increasing health risks in modern society have changed require that efforts be made to construct a crisscrossing legal framework for public health, improve early-warning and emergency response mechanisms for public health emergencies,and integrate the health concept into all policies to further improve the public health system.

An Academic Summary of the International Seminar Series on “Protection of the Rights of Specific Groups in Pandemic Prevention and Control”

The international semiinar on"Protection of the Rights of Specific Groups in Pandemic Prevention and Control",organized by the Institute of Human Rights,Wuhan University,under the guidance of the China Society for Human Rights Studies,was held online on May 23,2020.Nearly 50 scholars and practitioners from domestic and foreign universities and research institutions conducted discussions and exchanges focusing on a series of topics including"Leave No One Behind:To Guarantee Specific Groups’Access to Public Service under the Pandemic","Justice for All:Prevention and Relief of Discrimination against Specific Groups",etc.

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.

The Limits of the Intervention of Public Power in Individual Health Choices——From the Perspective of the Realization of the Right to Health in the Prevention and Control of Chronic Diseases

Noncommunicable chronic diseases have become the most important public health problem in the world today,so the focus of public health services should be shifted from the traditional area of communicable diseases to the prevention and control of chronic diseases.Since bad living habits are the most direct cause of chronic diseases,the most effective measure to prevent and control chronic diseases is to promote healthy lifestyles for the individual citizen.The theories of equal health opportunity,the right to health from the perspective of human rights,and determinants of a healthy society provide justified reasons for the intervention of public power in individual health choices.In the current legal system,the intervention of public power is limited to flexible measures such as health education,which shows respect for individual autonomy.However,it is inconsistent with the needs of current public health practice.We should expand diversified intervention means to encourage individuals to make healthy choices under the guidance of the management model.The“ladder of intervention”outlines a panoramic view of the intervention measures available.However,for the selection of specific measures,it is necessary to consider the public health objectives and the invasion of individual freedom,introduce the“legal reservation principle”and“proportionality principle”as policy analysis tools,and reasonably choose intervention measures at different levels on the ladder to properly handle the tension between public power and private rights.

The Main Responsibility and Reinforcement Strategy of Government in Emergency Communication Management

In modern state management system,“as the provider of public services,the maker of public policies,the manager of public affairs and the executor of public power,the government has the obligation to assume the main responsibility in emergencies”(Wang,2010).China’s Constitution,Emergency Response Law of the People’s Republic of China,and other laws have clarified the legal responsibility of the government in emergency response.The degree and effect of the government’s responsibility fulfillment determine whether emergency response successes or not.The government should fully fulfill its responsibility in emergency communication and management,innovate social governance,guarantee the right to know,strengthen public opinion guidance,and improve the ability to deal with the media.

Legal Value of the Demand Overflow Theory

So many legal issues can be handled in public interest method. As some commentators have pointed out, the public interest is an ancient and new topic. It＇s a highly abstract prone to ambiguities and shortcomings of the concept. And it＇s also a basket that strange, confused and can not be discarded. Even critics simply deny the existence of public interest and regard the public interest as a myth. As it＇s difficult to define the public interest from political perspective, a democratic theory, legal perspective a theory of law, economic perspective a public choice theory, philosophical perspective a public philosophy, and other common perspective. The paper explores the law theory of public interest from the framework of the overflow theory and the perspective of the concept function, and provides an easy to use identification method of public interest for the judicial practice and administrative practices.

Development in theoretical study and practice of library legislation in China

One of the most outstanding characteristics of library legislation in China is that theoretical research and legislative practice are mutually reinforcing, making important issues and basic rules and regulations closely associated with legislation and the research focus. A national library law is currently being enacted while several local library legislations have already seen fruitful results. In the enactment of 'Regulations for the Protection of Information Network Dissemination Rights', the library professional participated for the first time in enacting a national copyright law, which led to unprecedented flourishing of library activities and copyright studies. The promulgation of another legal framework,'Government Information Disclosure Regulations' further advanced the research on related issues and pushed forward government information services in public libraries in the same way. A new landmark for library legislation in recent years is the promulgation of'Guidelines for Land Utilization for Public Library Construction' and 'Public Library Construction Standards', while the framing of 'Rules of Professional Ethics for Librarians in China(On trial)' and the 'Library Service Manifesto' give indication that a framework of self-disciplinary measures of library professionals is established.

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.

Development of Western Idea of Property:Taking John Locke'Theory of Property as Example

This paper,taking the John Locke’theory of property as example,tries to prove that it is important to balance the pri ority between social significance and individual interest of property throughout the development of the western idea of property.

Machines as readers: A solution to the copyright problem

Copyright and its international complications have presented a significant barrier to the Universal Digital Library （UDL）＇s mission to digitize all the published works of mankind and make them available throughout the world. We discuss the effect of existing copyright treaties and various proposals, such as compulsory licensing and the public lending fight that would allow access to copyrighted works without requiring permission of their owners. We argue that these schemes are ineffective for purposes of the UDL. Instead, making use of the international consensus that copyright does not protect facts, information or processes, we propose to scan works digitally to extract their intellectual content, and then generate by machine synthetic works that capture this content, and then translate the generated works automatically into multiple languages and distribute them free of copyright restriction.