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Construction of Legal System of China's Farmland Protection under the Coexistence of Multiple Objectives:Historical Logic,Practical Problems and Optimization Paths
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作者 Shengnan MA Jiaxin ZHOU Yongfang YANG 《Asian Agricultural Research》 2023年第2期26-34,38,共10页
[Objectives]To explore the evolution of the legal system of farmland protection and explore the rules and characteristics of policy development based on the theory and logic of institutional change since China's r... [Objectives]To explore the evolution of the legal system of farmland protection and explore the rules and characteristics of policy development based on the theory and logic of institutional change since China's reform and opening up,reveal the problems and deep-seated reasons of its legislation,clarify the direction of farmland protection in the new period,and solve the"non-agricultural""non-grain"and ecological problems of farmland.[Methods]Literature analysis and inductive deduction methods were used.[Results]The evolution of the farmland protection legal system has gone through the process of"national consciousness-policy guidelines-institutional system",the change from"single subject to multiple subjects";change from the use of"one-way administrative means to coordinated use of administrative,economic and technical means".The practical problems of the farmland protection legal system are mainly due to the insufficient systematization of the farmland protection legal system itself,the generalization of quantity protection,the transformation of quality protection,and the absence of ecological protection.[Conclusions]It is recommended to improve the existing farmland protection legal system from the establishment of the Farmland Protection Law,the improvement of the farmland protection public participation mechanism and supervision mechanism,the establishment of the farmland quality construction and improvement system,the differentiated farmland occupation and supplementation balance system,and the ecological restoration system. 展开更多
关键词 Farmland protection legal system construction Policy evolution Existing problems Optimization path
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The Prosecutorial Protection of Digital Human Rights
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作者 张杰 NI Weisi(译) 《The Journal of Human Rights》 2023年第5期1016-1039,共24页
In the digital age,the rise of digital human rights has become an important expansion in the field of human rights.When advancing digital prosecution strategies,prosecutorial agencies should pay greater attention to t... In the digital age,the rise of digital human rights has become an important expansion in the field of human rights.When advancing digital prosecution strategies,prosecutorial agencies should pay greater attention to the protection of digital human rights.The fragile state of digital human rights and the unique position of prosecutorial agencies in human rights protection make it imperative that prosecutorial agencies place more emphasis on fulfilling their responsibilities in legal oversight to promote the protection of digital human rights.Currently,prosecutorial agencies have strengthened the protection of digital human rights through such measures as promoting legal oversight with big data,enhancing the handling of criminal cases involving citizens'digital human rights,expanding the scope of public interest litigation protecting digital human rights,and improving their roles in civil and administrative prosecution.However,there are still challenges related to the inadequacy of updating the mindset,the incompleteness of measures,and the lack of innovation in mechanisms and systems.Therefore,prosecutorial agencies should further align with the implementation of digital prosecution strategies,update their human rights protection concepts,intensify efforts to combat cybercrime,strengthen the protection of citizens'personal information through prosecution,enhance public interest protection of collective digital human rights through public interest litigation,and actively innovate prosecutorial work mechanisms and systems to bolster the protection of digital human rights. 展开更多
关键词 digital human rights legal supervision prosecutorial protection four-pronged procuratorial protection
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Theory on Introducing a Mandatory Attorney System into Civil Litigation from the Perspective of the Protection of the Right of Action
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作者 苏志强 QIAN Chuijun 《The Journal of Human Rights》 2023年第2期373-394,共22页
As an important rectifying mechanism to the involved parties-oriented civil litigation model,the mandatory attorney system requires the involved parties of a lawsuit to appoint a lawyer to represent them in the litiga... As an important rectifying mechanism to the involved parties-oriented civil litigation model,the mandatory attorney system requires the involved parties of a lawsuit to appoint a lawyer to represent them in the litigation,otherwise they will be rejected because the litigation requirements aren’t met.This seems to restrict the litigants’right to initiate a lawsuit by themselves.Through the arrangement of the system for the participation of lawyers in some litigation procedures,stages,and cases,coupled with the legal principle of litigation costs,the litigation costs sharing mechanism,legal aid,and other related supporting systems,it is not only a substantive guarantee for the litigants’right of action,but also can even strengthen the protection of the litigants’right of action in civil litigation.Based on the need to effectively protect and strengthen the litigants’right of action,combined with its civil litigation system and judicial operation environment,China should adopt a phased and gradual strategy to introduce and implement the mandatory attorney system in civil litigation while constantly improving its lawyer system,litigation costs system,legal aid system,and other related supporting systems. 展开更多
关键词 mandatory attorney system protection of the right of action lawyer system legal aid system
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Regulation on the Protection of Fossils Issued by the State Council of the People's Republic of China:Scientists' Researches Protected Legally—Further Explanation 被引量:1
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作者 Hao Ziguo,Fei Hongcai and Liu Lian 《Acta Geologica Sinica(English Edition)》 SCIE CAS CSCD 2012年第2期532-532,共1页
With large-scale engineering projects being carried out in China, a large number of fossil localities have been discovered and excavated by responsible agencies, but still some important fossils of great value have be... With large-scale engineering projects being carried out in China, a large number of fossil localities have been discovered and excavated by responsible agencies, but still some important fossils of great value have been removed and smuggled into foreign countries. In the last three years, more than 1345 fossil specimens have been intercepted by Customs in Shenzhen, Shanghai, Tianjin, Beijing and elsewhere, and more than 5000 fossils, most of which are listed as key fossils, 展开更多
关键词 Further Explanation Regulation on the protection of Fossils Issued by the State Council of the People’s Republic of China Researches Protected legally
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An Analysis of the Legal System for the Protection of Marine Resources in China 被引量:1
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作者 Zhenan Zhang Lijuan Zhang 《Macro Management & Public Policies》 2020年第3期3-7,共5页
In order to realize the orderly development and rational use of marine resources,construct a new marine economic development model,effectively adjust the relationship between marine resource protection and social prod... In order to realize the orderly development and rational use of marine resources,construct a new marine economic development model,effectively adjust the relationship between marine resource protection and social production,and promote the legalization and institutionalization of marine resource protection.Based on the reality,this article attempts to explore the ways and means of improving and constructing the legal system for the protection of marine resources from multiple dimensions.It aims to form a complete marine resource development system from the legal level and provide legal guarantee for the development of marine economy. 展开更多
关键词 Marine resources legal protection System construction Method and strategy
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Coordination Mechanism of the Legal Protection of Resource Security with Its Relative Laws
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作者 Chen Demin Wang Huabing 《Chinese Journal of Population,Resources and Environment》 北大核心 2008年第3期21-26,共6页
The basis of the legal protection of resource security is its relative laws, which have four main characteristics, which are foundational, divergent, comprehensive and of long-term social benefits in view. The coordin... The basis of the legal protection of resource security is its relative laws, which have four main characteristics, which are foundational, divergent, comprehensive and of long-term social benefits in view. The coordination mechanism of the legal protection of resource security with its relative laws meets the needs of the sustainable development of the economy, society and environment. It also facilitates and is facilitated by the modern transformation of the legal system in China, and upholds the legal system as a logically self-perfecting entity. Furthermore, this coordination bears scientific feasibility. 展开更多
关键词 resource security legal protection relative laws MECHANISM
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The Legal Protection of Children Orphaned by HIV/AIDS in Nigeria: An Appraisal
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作者 Folake Bejide 《World Journal of AIDS》 2014年第3期321-331,共11页
The Human Immunodeficiency Virus and the resultant disease—Acquired Immune Deficiency Syndrome are global epidemics in recent times. Although the effects of the epidemic have been curtailed somewhat in the developed ... The Human Immunodeficiency Virus and the resultant disease—Acquired Immune Deficiency Syndrome are global epidemics in recent times. Although the effects of the epidemic have been curtailed somewhat in the developed world, it is not so in developing countries. As such it affects not only the infected but those directly dependent on them. Some of the affected people have been identified as children, who turn out to be unprepared for and defenceless against the imminent hardship prevalent as a consequence of the disease. The effects of the epidemic are felt more in the developing world than in developed countries and this is because the attitude of the developed world to the epidemic is positive, enhanced by awareness of the disease;whereas in the developing countries, a lot of myths are attached to it, affecting the requisite attitude needed to combat the epidemic and its effects. This paper seeks to examine the effects of this epidemic on children in Nigeria, comparing the effects on children in other African countries. The paper also looks at structures in place to cater for these children, and then seeks to proffer improved means of protecting their rights. 展开更多
关键词 HIV/AIDS Orphans and VULNERABLE CHILDREN legal protection
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Strive to Develop the Human Rights Cause——Speech at the forum on entry of human rights into the Constitution and legal protection of human rights(December23,2004) 被引量:2
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作者 JIANG ZHENGHUA vice-chairman of the NPC Standing Committee 《The Journal of Human Rights》 2005年第2期2-3,共2页
关键词 Speech at the forum on entry of human rights into the Constitution and legal protection of human rights Strive to Develop the Human Rights Cause December23 2004
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Legal protection of the rights of clinical trial subjects in China
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作者 Yuanpeng Ren Xinrui Jin +1 位作者 Shan Jiang Baisheng Jiang 《The Journal of Biomedical Research》 CAS CSCD 2018年第2期77-80,共4页
Subjects in clinical trials, either patients with the target disease or healthy vohmteers, inevitably run a risk of injury or even death. To protect human subjects' rights to life and health, the Declaration of Helsi... Subjects in clinical trials, either patients with the target disease or healthy vohmteers, inevitably run a risk of injury or even death. To protect human subjects' rights to life and health, the Declaration of Helsinki has been developed as "a statement of ethical principles for medical research involving human subjects. Though widely regarded as a milestone in human research ethics, it is not a law or regulation, and is unable to effectively protect human subjects' rights. In this context, China beefs up its legal protection of clinical trial subjects. 展开更多
关键词 legal protection of the rights of clinical trial subjects in China
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Promotion and Protection of Human Rights in the Discourse of Community with a Shared Future: China's Ideas and Experience
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作者 周力 MA Jing 《The Journal of Human Rights》 2017年第4期349-355,共7页
Countries in the world lack the ability to maintain internal independence and to cope with new external risks, sov ereign state relations based on respect for diversity are giving way to global solidarity. The concept... Countries in the world lack the ability to maintain internal independence and to cope with new external risks, sov ereign state relations based on respect for diversity are giving way to global solidarity. The concept of a community with a shared future for all mankind emphasizes relative independence along with the integration of human society and the joint liability of states. The basic principle is to recognize and respect diversity so as to maintain and enhance integration. In the discourse of a community with a shared future, we must look at human rights and the promotion and protection of human rights from a relational and symbiotic perspective. The concept of human rights is comprehensive, the universality of human rights does not mean the universality of human rights standards, and the global governance of human rights needs to strengthen both the internal c and external capacities and conditions of countries. In this regard, China’s experience is to form a task-oriented target governance model, enhance the enforceability and evaluability of the legal protection of human rights, substantiate and operationalize human rights principles and proposals at all levels through efforts such as establishing mechanisms and initiating forums, and continue to implement and enhance the external cooperation mechanism. The vulnerability, diversity, and scarcity of individuals and human societies are the roots of the problems of global peace and security, and a community with a shared future is also a community of rights, obligations and responsibilities. Therefore, the promotion and protection of human rights is not a burden to be distributed, but a responsibility to be shared, a collective responsibility based on shared values. 展开更多
关键词 community with a shared future human rights promotion and protection ideas and experiences
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Forty Years' Construction of Rule of Law and the Legalization of Human Rights Protection in China
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作者 常健 NI Weisi(译) 《The Journal of Human Rights》 2018年第2期202-222,共21页
A market economy requires the individual rights of citizens be protected, and that the exercising of those rights be regulated, whose realization depends on the legalization of human rights protection On the one hand... A market economy requires the individual rights of citizens be protected, and that the exercising of those rights be regulated, whose realization depends on the legalization of human rights protection On the one hand, individual rights must be protected by law On the other hand, a law-based society needs to be built so the boundaries of individual rights are clear, the exercising of those rights are regulated, conflicts between rights can be resolved through the courts, and the personal infringement of others’ rights and the overall interests of the society is prohibited by law During the 40 years of China’s ref orm and opening-up in China, the promotion of the legal protection of human rights mainly lies in three aspects: first, the important role of the rule of law plays in protecting human rights has been clarified; second, the four steps of the rule of law(scientific legislation, strict law enforcement, judicial justice and observance of the law by all Chinese citizens) have been strengthened to safeguard human rights fully and effectively; third, the Chinese human rights system under the rule of law has gradually been aligned with international norms. 展开更多
关键词 construction of rule of law human rights protection reform and opening up legalIZATION
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On Legal Protection of Human Rights for the "Underprivileged"
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作者 ZHU MUZHI The author is the honorary president of China Society for Human Rights Studies. 《The Journal of Human Rights》 2005年第5期6-7,共2页
关键词 On legal protection of Human Rights for the Underprivileged
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New Realms and New Highlights in the Legal Protection of Human Rights——Theoretical and Practical Innovations in the Legal Protection of Human Rights Since the 18th CPC National Congress
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作者 XIAN KAILIN LIU ZHUANGQIONG 《The Journal of Human Rights》 2014年第6期29-32,共4页
Since the 18th National Congress of the Communist Party of China (CPC), the system for the legal protection of human rignts under socialism with Chinese characteristics has experienced innowtive development. In part... Since the 18th National Congress of the Communist Party of China (CPC), the system for the legal protection of human rignts under socialism with Chinese characteristics has experienced innowtive development. In particular, the Decision on Certain Key Issues on Comprehensively Deepening Reform, which was adopted by the Third Plenary Session of the 18th CPC Central Committee, has made major reform arrangements related to the system and mechanisms for the legal protection of human rights under socialism with Chinese characteristics. Taking the theoretical and practical innovations since the 18th CPC National Congress in the protection of human rights as its perspective, this, article discusses new realms and new highlights in the legal protection of human rights. 展开更多
关键词 CPC theoretical and Practical Innovations in the legal protection of Human Rights Since the 18th CPC National Congress New Realms and New Highlights in the legal protection of Human Rights
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New Progress in the Legal Protection of Human Rights in China
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《The Journal of Human Rights》 2018年第1期77-99,共23页
December 2017 Contents PreambleⅠ.Improving the Legal Framework to Ensure Human RightsⅡ.Promoting Law-based Administration to Protect the Citizens’Lawful Rights and InterestsⅢ.Effectively Enhancing Judicial Protect... December 2017 Contents PreambleⅠ.Improving the Legal Framework to Ensure Human RightsⅡ.Promoting Law-based Administration to Protect the Citizens’Lawful Rights and InterestsⅢ.Effectively Enhancing Judicial Protection of Human RightsⅣ.Consolidating Social Mechanisms for Legal Protection of Human RightsⅤ.Strengthening the CPC Leadership over Legal Protection of Human RightsⅥ.Actively Promoting the Development of Global Human Rights Under the Rule of Law 展开更多
关键词 PRO New Progress in the legal protection of Human Rights in China
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Strengthen the Legal Protection of Human Rights and Promote the Development of Human Rights Cause
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作者 韩大元 LI Man 《The Journal of Human Rights》 2017年第6期535-539,共5页
The 19;National Congress of the Communist Party of China established Xi Jinping’s socialist ideology with Chinese characteristics in a new era,and opened up a new era for the socialist construction with Chinese chara... The 19;National Congress of the Communist Party of China established Xi Jinping’s socialist ideology with Chinese characteristics in a new era,and opened up a new era for the socialist construction with Chinese characteristics.This indicates the direction for China’s human rights cause to move towards a new era,which has laid 展开更多
关键词 Strengthen the legal protection of Human Rights and Promote the Development of Human Rights Cause
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The Development of a Law-based Society Contributes to the Legal Protection of Human Rights in China
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作者 张永和 JIANG Yu 《The Journal of Human Rights》 2018年第1期4-6,共3页
Over the past 40 years of reform and opening up,the Party and the State have gained a richer and deeper understanding of human rights.In 1997,the 15;Communist Party of China National Congress Report put forward"r... Over the past 40 years of reform and opening up,the Party and the State have gained a richer and deeper understanding of human rights.In 1997,the 15;Communist Party of China National Congress Report put forward"respect for human rights".In 2004,the idea that"the State respects and protects human rights"was written into 展开更多
关键词 the Development of a Law-based Society Contributes to the legal protection of Human Rights in China
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Laws,Defects and Countermeasures on the Circulation of Rural Housing Land——From the Perspective of Farmer Rights Protection 被引量:1
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作者 MAO Ping SONG Jiao PAN Qiang 《Asian Agricultural Research》 2010年第6期46-49,55,共5页
The thesis combs the existing legal provisions about rural housing land from the perspectives of use restriction,means restriction,subject restriction and mortgage prohibition,and finds out their defects,namely,weaken... The thesis combs the existing legal provisions about rural housing land from the perspectives of use restriction,means restriction,subject restriction and mortgage prohibition,and finds out their defects,namely,weakening real right,confused knowledge about the integration of house property and land property,the loophole in Land Administration Law,the bans on the rural residents' purchase of housing land and so on.Then the thesis expounds the harms of restricting the circulation of housing land,for example,it will result in underground transaction of housing lands;lead to untenanted lands and waste of resources;bring about financing difficulty for peasants;do harm to the interest of land owners(rural collective economic organizations) and so on.The thesis further proposes to establish the legal lease model to solve the problems in the circulation of housing lands,specifically explains the definition of the legal lease model of housing lands,illustrates its detailed information from the aspects of object,subject and content and elaborates a series of problems involving,how to distribute the rent of housing lands,as well as how to perfect relevant procedures and formalities in the credit circulation of housing lands so as to realize the legitimate and effective circulation of rural housing lands and protect the peasants' interests. 展开更多
关键词 Circulation of housing lands legal lease protection of the peasant's interests China
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Idea and goals of environmental protection and ecological construction in the 11^(th) five-year plan period 被引量:2
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作者 Liu Yuanqing Su Yang 《Ecological Economy》 2006年第1期69-76,共8页
In this paper, the executive of the 10th Five- Year Plan in the field of environmental protection and ecological constrution is reviewed, and the charactristics of economic growth and its environmental impact on the 1... In this paper, the executive of the 10th Five- Year Plan in the field of environmental protection and ecological constrution is reviewed, and the charactristics of economic growth and its environmental impact on the 11^th Five-Year Plan is forecasted and analyzed. A principal idea of eavironmental protection and ecological construction is put forward for the 11^th Five-Year Plan pertod: strensgthen the point treatment in key areas and set the main targets based on the idea. The relating countermeasures in national level are proposed as follows: set up appropriate ideas for official achievements by launching resources and environmental cost acconting; adjust the industrial struacture actively by industrial policies and strenuous work; develop circular economy, change the mode of environmental protecgon from end treatment to headstream and proeess control: strengthen the market mechanism in the process of pollution treatment, set up the system of "who treats who benefits" ; perfect interrelated laws and standards, strengthen the ability of environmental munagement; lay extra emphasis on two key targets: water pollution tretment in key river basins and management of the reserves; and combine the ecological consnuction and poverty alleviation in higher level. 展开更多
关键词 the H th Five- Year Plan: Environmental protection Principal idea Countermeasures in national level
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Ecological and Environmental Protection of Jiangxi Province from the Perspective of Low Carbon Economy
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作者 Chundi LAN 《Asian Agricultural Research》 2016年第10期46-50,共5页
With urban economic growth,the urban ecological and environmental pollution is deteriorating. In turn,ecological and environmental pollution restricts urban economic growth. To realize coordinated development of urban... With urban economic growth,the urban ecological and environmental pollution is deteriorating. In turn,ecological and environmental pollution restricts urban economic growth. To realize coordinated development of urban economic growth and urban ecological environment,it is recommended to vigorously develop low carbon economy. On the basis of basic situations of ecological and environmental pollution in Jiangxi Province,following the connotation and development principle of the low carbon economy,this paper discussed ideas of ecological and environmental protection in Jiangxi Province,to lay a solid foundation for better promoting social and economic growth. 展开更多
关键词 Low carbon economy Jiangxi Province Ecological environment ideas of protection
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Research on the Legality of Information Utilization in Epidemic Prevention and Control
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作者 Chen Yumei 《学术界》 CSSCI 北大核心 2020年第5期193-200,共8页
Big data is playing an important role in preventing,control and monitoring COVID-19,but during the process,the legality of the use of personal information shall be paid attention to.Personal information should be divi... Big data is playing an important role in preventing,control and monitoring COVID-19,but during the process,the legality of the use of personal information shall be paid attention to.Personal information should be divided into general information and sensitive information,and the use of sensitive information should take"Consent"as its legality basis.In the process of personal information collection,the subject qualification of the collection organization or personnel should be clearly defined,and the starting conditions and process specifications of the collection work should be determined.The use of personal information should be in accordance with legal provisions or agreed ways and purposes and should not violate individual privacy rights and other personality rights,and should not improperly display the"digital image"of individuals. 展开更多
关键词 pandemic prevention and control personal information protection legalITY consent
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