One of the reasons for many social tragedies resulted from land expropriation in China is failure of the constitution to bring into play its due functions in standardizing land expropriation power of the government an...One of the reasons for many social tragedies resulted from land expropriation in China is failure of the constitution to bring into play its due functions in standardizing land expropriation power of the government and protecting farmers' rights.In the existing land expropriation system,government is not only a policy maker of land expropriation,but also a "referee" of dispute over land expropriation.Government' land expropriation power and land-expropriated farmers' rights become out of balance.As a result,some local governments do not attach importance to farmers' rights,making land-expropriated farmers dissatisfied and consequently leading to some social tragedies unfavorable for harmony and stability.To fundamentally settle disputes over land expropriation and realize win-win of farmers' right and state interest,it should bring into full play functions of the constitution through protecting farmers' right to participate in land expropriation and establishing constitution evaluation mechanism.展开更多
The process of legislative protection for women’s rights and interests of the new China can be divided into two phases: The first phase is from the establishment of the People’s Republic of China to the adoption of ...The process of legislative protection for women’s rights and interests of the new China can be divided into two phases: The first phase is from the establishment of the People’s Republic of China to the adoption of the policy of reform and opening up to the outside展开更多
The problem of Chinese peasant in society is a very important issue in the process of China' s legal system; the farmer is very worthy subject of rights concern. The author believes that China has the right to protec...The problem of Chinese peasant in society is a very important issue in the process of China' s legal system; the farmer is very worthy subject of rights concern. The author believes that China has the right to protect their farmers in three main ways: private relief, public relief and gray channels, which play a major role in the private relief for farmers. For these channels, they are a unique reason; the rule of law should be the vision and balance for them to choose their own presence in China.展开更多
Lacking of shelter and care from their children, Chinese lost only-child elderly are impoverished and their mental state compared to older people in general are more fragile and sensitive. They have even united themse...Lacking of shelter and care from their children, Chinese lost only-child elderly are impoverished and their mental state compared to older people in general are more fragile and sensitive. They have even united themselves for self-help, while their efforts have been often unhelpful. Their scale has been increasingly expanding and risen to many serious social problems. Appearance of lost only-child old man people and vulnerability of protection for those elderly is mainly due to the faultiness of Birth Control Policy, lack of government finance and imperfect social security system. Chinese government should establish a mechanism to increase and maintain the value of administrative compensations, strengthen administrative pay and protection of administrative contracts, broaden administrative relief channels for the elderly, and effectively protect the pension interests of the lost only-child elderly.展开更多
People under the interpretation of Chinese culture have multiple values It emphasizes not only people in the collective sense, but also individuals in the individual meaning According to the Constitution of the Peo...People under the interpretation of Chinese culture have multiple values It emphasizes not only people in the collective sense, but also individuals in the individual meaning According to the Constitution of the People’s Republic of China, respecting and protecting the dignity and rights of persons with disabilities is the duty of the State and the whole of society, and one of the core values of the Constitution The protection system for the rights and interests of persons with disabilities in China has basically taken shape, with positive progress in the protection of the right to rehabilitation, the right to education, and the right to employment However, there are different challenges We should continue to promote the rule of law for persons with disabilities and build a more complete system for the protection of the rights and interests of persons with disabilities.展开更多
The Law on the Protection of Women’s Rights and interests has been amended twice since it was promulgated 1992,and it has formed a relatively complete legislation system together with relevant laws and regulations,ac...The Law on the Protection of Women’s Rights and interests has been amended twice since it was promulgated 1992,and it has formed a relatively complete legislation system together with relevant laws and regulations,accumulating experience of judicial application in practice.In the current proposed amendment of the Law on the Protection of Women’s Rights and interests,the main issues that should be considered are:First,the legislative purpose of this law should be reviewed to clarify the three legislative positions of the Law on Women’s Rights and interests,in terms of protection,practice and foundation.Second,it is necessary to grasp whether the text content is appropriate and rectify any defects in the existing text.Third,it should explore how to reform and implement specific systems from the micro perspective to improve the specific systems of women’s personal,property,and social rights and interests.Fourth,it should strengthen the systematic interaction with other norms at different levels and implement the principle of gender equality stipulated in the Constitution of the People’s Republic of China.Fifth,attention should be paid to the necessity of invoking the Law in judicial practice,the possibility of operation and the effectiveness of enforcement.The proposed amendment of the Law on the Protection of Women’s Rights and interests should also sum up the experience of local legislation and judicial decisions and improve the quality of judicial application of the law so that is truly responds to the practical needs and challenges of the protection of women’s rights and interests and the implementation of gender equality in the new era.展开更多
The Communist Party of China has been concerned with the protection of the rights and interests of persons with disabilities since its founding.in the period of the new democratic Revolution and after the founding of ...The Communist Party of China has been concerned with the protection of the rights and interests of persons with disabilities since its founding.in the period of the new democratic Revolution and after the founding of the People’s Republic of China,it adopted a series of protective measures in various forms in line with local conditions.Since the reform and opening-up,the cause of persons with disabilities has developed in an all-around way under the leadership of the CPC.especially since the 18th national Congress of the Communist Party of China,the protection of human rights for persons with disabilities has been innovatively developed,and persons with disabilities have been truly participating in social affairs and share the country’s development gains as equal subjects of rights.The centennial history of the Party’s protection of the rights and interests of persons with disabilities shows that the CPC’s ideas of human rights protection consecutively comprise humanitarian assistance,humanitarian protection,and people-centered human rights protection.The main identity of persons with disabilities has changed from the object of protection during the revolution to the object of medical care and social welfare,and the subject of human rights.The content of protection of rights and interests has developed from survival assistance to comprehensive protection including education,rehabilitation,employment,etc.The dignity,autonomy,equality,and social participation of persons with disabilities as the subject of human rights have become increasingly prominent.展开更多
On October 27, 2001, the Standing Committee of the National People's Congress adopted a decision on revision of the People's Republic of China Trade Union Law. Guan Huai, legal advisor to the All-China Federat...On October 27, 2001, the Standing Committee of the National People's Congress adopted a decision on revision of the People's Republic of China Trade Union Law. Guan Huai, legal advisor to the All-China Federation of Trade Unions, had the following to say in an interview with the Human Rights:展开更多
1. Introduction With China's reform and opening up, great achievements have been witnessed by all of us in the protection of human rights, the basic pursuit of which is gen- der equality. Remarkable achievements hav...1. Introduction With China's reform and opening up, great achievements have been witnessed by all of us in the protection of human rights, the basic pursuit of which is gen- der equality. Remarkable achievements have also been accomplished in the pro- tection of women's rights and interests. It has been 12 years since Macao's mann to its motherland. Over these years, Macao, under the framework of the "Basic Law" has successfully practiced the great concept of "one country, two systems,展开更多
The draft amendment to the law on the protection of the rights and interests of seniors, which was submit-ted on June 26, 2012 to the National People's Congress (NPC) Standing Committee for deliberation aroused hea...The draft amendment to the law on the protection of the rights and interests of seniors, which was submit-ted on June 26, 2012 to the National People's Congress (NPC) Standing Committee for deliberation aroused heated debate in society and also at- tracted public attention to the protection of the rights and interests of elderly people. Entrusted by the NPC, the Human Rights Research Institute at the China University of Political Science and Law and the China Law Center at Yale Law School jointly organized apanel discussion on the rights and inter- ests of elderly people from July 8 to 9, 2012, in Beijing. Representatives from the NPC Committee for Internal and Judicial Affairs, the Legislative Affairs Commission of the NPC Standing Committee,展开更多
Taking Shuangliu County,Chengdu City,China as an example,evaluation index system for the rights protection effects of farmland transfer is established contract from three aspects of basic information,transfer agreemen...Taking Shuangliu County,Chengdu City,China as an example,evaluation index system for the rights protection effects of farmland transfer is established contract from three aspects of basic information,transfer agreement and legal safeguards in the contracts.According to the investigation data,weight of evaluation index is determined by both entropy weight and Analytic Hierarchy Process.Comprehensive index method is used to evaluate the rights protection effects of farmland transfer contract in the flat dam,high hill and low hill in Shuangliu County,Chengdu,China.Result shows that the transfer agreement of farmland and the basic information of contract greatly affect the rights protection effects of farmland transfer contract.There are differences in the five indices of the information of the signature of contract,pricing for payment,time limit for farmland transfer,transfer mode of farmland,and use range of farmland transfer.During the farmland transfer in reality,there are three hidden dangers in farmer's land rights and interests,which are the ill-formed transfer behavior,the relatively low income of farmers from farmland transfer,and the quality decline of farmland and difficult full reclamation in transfer period.Based on the evaluation result and investigation data,countermeasures are put forward to improve the rights protection effects of farmland transfer contract.展开更多
|Editorial Note|Land has become an issue of increasing social concern as demand continues to surge in the midst of economic development,urbanization and industrialization.The crux of the issue is the land regime. Chin...|Editorial Note|Land has become an issue of increasing social concern as demand continues to surge in the midst of economic development,urbanization and industrialization.The crux of the issue is the land regime. China has a unique dualistic land regime under which the land market has not been well developed.Based on a review and commentary of the existing land polices,this article elaborates on the deficiencies inherent in China’s dualistic land rights system and land market and offers policy recommendations for promoting land system reform and market development.This study will help us gain an in-depth understanding of the problems in China’s land regime.展开更多
Protecting the rights and interests of workers and staff members constitutes an important aspect of China's human rights protection. At the time when the country is dealing with impacts of the global financial crisis...Protecting the rights and interests of workers and staff members constitutes an important aspect of China's human rights protection. At the time when the country is dealing with impacts of the global financial crisis, the All-China Federation of Trade Unions has been working fruitfully and effectively to accelerate economic and social development and safeguard the legitimate rights and interests of workers, therefore making contributions to the protection of the rights and interests of Chinese workers. Now I would like to make a brief introduction on this subject.展开更多
July 2019 Contents Preamble I.Development of the Cause of Persons with Disabilities II.Mechanisms for the Protection of Rights and Interests of Persons with Disabilities III.Health and Rehabilitation IV.Special Educat...July 2019 Contents Preamble I.Development of the Cause of Persons with Disabilities II.Mechanisms for the Protection of Rights and Interests of Persons with Disabilities III.Health and Rehabilitation IV.Special Education and Inclusive Education V.Employment and Entrepreneurship VI.Basic Life and Social Security VII.Creating an Accessible Environment and Enabling Mobility.展开更多
EDITOR'S NOTE: FoUowing are some of the stories about how migrant workers' rights and interests are protected in Zhejiang, one of the best developed province on the Chinese mainland. Through interviews with more th...EDITOR'S NOTE: FoUowing are some of the stories about how migrant workers' rights and interests are protected in Zhejiang, one of the best developed province on the Chinese mainland. Through interviews with more than 100 migrant workers in the province, we found that migrant workers there enjoy equal treatment as their counterparts registered as urban residents, and that their rights and interests are effectively protected.展开更多
EDITOR'S NOTE: Slated for September 2008, the Tenth National Congress of the Chinese Women will review the achievements the country has made over the past five years in promoting women's rights and interests and fo...EDITOR'S NOTE: Slated for September 2008, the Tenth National Congress of the Chinese Women will review the achievements the country has made over the past five years in promoting women's rights and interests and formulate the targets for the protection endeavor over the next five years. The five years since the Ninth National Congress of the Chinese Women have witnessed a constant improvement in the status of the Chinese women and in their human rights conditions. Following is a transcript of an interview given our staff reporters by Zhao Shaohua, vice-chairperson of the All-China Women's Federation (ACWF) and member of the ACWF Secretariat, on how women's rights and interests are protected in China.展开更多
Farmer workers are a new powerful workforce that has sprung up amid China's reform and door opening and in the process of the country's industrialization and urbanization. They have made great contributions to urban...Farmer workers are a new powerful workforce that has sprung up amid China's reform and door opening and in the process of the country's industrialization and urbanization. They have made great contributions to urban prosperity, rural development and their country's modernization. At present, however, farmer workers face numerous difficulties and problems in income, work safety, social security, vocational training, the schooling of their children and living conditions. To safeguard the legitimate rights and interests of farmer workers, the State Council in March 2006 issued Ideas of the State Council on Solving Farmer Workers-related Problems. In the document, the State Council promises to strengthen and improve leadership over work regarding farmer workers and prioritize the solving of farmer workers-related problems.展开更多
Employment is fundamental in improving the livelihood of the people and social security is the source ofhuman happiness. This is how the international community protects and improves basic human rights. It is also the...Employment is fundamental in improving the livelihood of the people and social security is the source ofhuman happiness. This is how the international community protects and improves basic human rights. It is also the policy China has adopted to achieve sustainable economic and social development. Furthermore, it is clear evidence of China's respect and protection of human rights.展开更多
The room is in utter chaos, with chairs piling up in a comer and the cable TV not connected to the power source. But one thing is put in place: a slogan on the wall "Creating an outstanding WFQ team for the benefit ...The room is in utter chaos, with chairs piling up in a comer and the cable TV not connected to the power source. But one thing is put in place: a slogan on the wall "Creating an outstanding WFQ team for the benefit of all women and children."展开更多
基金Key Project of National Social Science Foundation (09AFX001) in 2009 Decision Research Project of Henan Provincial Government (B543)
文摘One of the reasons for many social tragedies resulted from land expropriation in China is failure of the constitution to bring into play its due functions in standardizing land expropriation power of the government and protecting farmers' rights.In the existing land expropriation system,government is not only a policy maker of land expropriation,but also a "referee" of dispute over land expropriation.Government' land expropriation power and land-expropriated farmers' rights become out of balance.As a result,some local governments do not attach importance to farmers' rights,making land-expropriated farmers dissatisfied and consequently leading to some social tragedies unfavorable for harmony and stability.To fundamentally settle disputes over land expropriation and realize win-win of farmers' right and state interest,it should bring into full play functions of the constitution through protecting farmers' right to participate in land expropriation and establishing constitution evaluation mechanism.
文摘The process of legislative protection for women’s rights and interests of the new China can be divided into two phases: The first phase is from the establishment of the People’s Republic of China to the adoption of the policy of reform and opening up to the outside
文摘The problem of Chinese peasant in society is a very important issue in the process of China' s legal system; the farmer is very worthy subject of rights concern. The author believes that China has the right to protect their farmers in three main ways: private relief, public relief and gray channels, which play a major role in the private relief for farmers. For these channels, they are a unique reason; the rule of law should be the vision and balance for them to choose their own presence in China.
文摘Lacking of shelter and care from their children, Chinese lost only-child elderly are impoverished and their mental state compared to older people in general are more fragile and sensitive. They have even united themselves for self-help, while their efforts have been often unhelpful. Their scale has been increasingly expanding and risen to many serious social problems. Appearance of lost only-child old man people and vulnerability of protection for those elderly is mainly due to the faultiness of Birth Control Policy, lack of government finance and imperfect social security system. Chinese government should establish a mechanism to increase and maintain the value of administrative compensations, strengthen administrative pay and protection of administrative contracts, broaden administrative relief channels for the elderly, and effectively protect the pension interests of the lost only-child elderly.
文摘People under the interpretation of Chinese culture have multiple values It emphasizes not only people in the collective sense, but also individuals in the individual meaning According to the Constitution of the People’s Republic of China, respecting and protecting the dignity and rights of persons with disabilities is the duty of the State and the whole of society, and one of the core values of the Constitution The protection system for the rights and interests of persons with disabilities in China has basically taken shape, with positive progress in the protection of the right to rehabilitation, the right to education, and the right to employment However, there are different challenges We should continue to promote the rule of law for persons with disabilities and build a more complete system for the protection of the rights and interests of persons with disabilities.
文摘The Law on the Protection of Women’s Rights and interests has been amended twice since it was promulgated 1992,and it has formed a relatively complete legislation system together with relevant laws and regulations,accumulating experience of judicial application in practice.In the current proposed amendment of the Law on the Protection of Women’s Rights and interests,the main issues that should be considered are:First,the legislative purpose of this law should be reviewed to clarify the three legislative positions of the Law on Women’s Rights and interests,in terms of protection,practice and foundation.Second,it is necessary to grasp whether the text content is appropriate and rectify any defects in the existing text.Third,it should explore how to reform and implement specific systems from the micro perspective to improve the specific systems of women’s personal,property,and social rights and interests.Fourth,it should strengthen the systematic interaction with other norms at different levels and implement the principle of gender equality stipulated in the Constitution of the People’s Republic of China.Fifth,attention should be paid to the necessity of invoking the Law in judicial practice,the possibility of operation and the effectiveness of enforcement.The proposed amendment of the Law on the Protection of Women’s Rights and interests should also sum up the experience of local legislation and judicial decisions and improve the quality of judicial application of the law so that is truly responds to the practical needs and challenges of the protection of women’s rights and interests and the implementation of gender equality in the new era.
基金a research result of the major planning project of Renmin University of China“History of Thoughts on Human Rights in China”(20XNLG02)
文摘The Communist Party of China has been concerned with the protection of the rights and interests of persons with disabilities since its founding.in the period of the new democratic Revolution and after the founding of the People’s Republic of China,it adopted a series of protective measures in various forms in line with local conditions.Since the reform and opening-up,the cause of persons with disabilities has developed in an all-around way under the leadership of the CPC.especially since the 18th national Congress of the Communist Party of China,the protection of human rights for persons with disabilities has been innovatively developed,and persons with disabilities have been truly participating in social affairs and share the country’s development gains as equal subjects of rights.The centennial history of the Party’s protection of the rights and interests of persons with disabilities shows that the CPC’s ideas of human rights protection consecutively comprise humanitarian assistance,humanitarian protection,and people-centered human rights protection.The main identity of persons with disabilities has changed from the object of protection during the revolution to the object of medical care and social welfare,and the subject of human rights.The content of protection of rights and interests has developed from survival assistance to comprehensive protection including education,rehabilitation,employment,etc.The dignity,autonomy,equality,and social participation of persons with disabilities as the subject of human rights have become increasingly prominent.
文摘On October 27, 2001, the Standing Committee of the National People's Congress adopted a decision on revision of the People's Republic of China Trade Union Law. Guan Huai, legal advisor to the All-China Federation of Trade Unions, had the following to say in an interview with the Human Rights:
文摘1. Introduction With China's reform and opening up, great achievements have been witnessed by all of us in the protection of human rights, the basic pursuit of which is gen- der equality. Remarkable achievements have also been accomplished in the pro- tection of women's rights and interests. It has been 12 years since Macao's mann to its motherland. Over these years, Macao, under the framework of the "Basic Law" has successfully practiced the great concept of "one country, two systems,
文摘The draft amendment to the law on the protection of the rights and interests of seniors, which was submit-ted on June 26, 2012 to the National People's Congress (NPC) Standing Committee for deliberation aroused heated debate in society and also at- tracted public attention to the protection of the rights and interests of elderly people. Entrusted by the NPC, the Human Rights Research Institute at the China University of Political Science and Law and the China Law Center at Yale Law School jointly organized apanel discussion on the rights and inter- ests of elderly people from July 8 to 9, 2012, in Beijing. Representatives from the NPC Committee for Internal and Judicial Affairs, the Legislative Affairs Commission of the NPC Standing Committee,
文摘Taking Shuangliu County,Chengdu City,China as an example,evaluation index system for the rights protection effects of farmland transfer is established contract from three aspects of basic information,transfer agreement and legal safeguards in the contracts.According to the investigation data,weight of evaluation index is determined by both entropy weight and Analytic Hierarchy Process.Comprehensive index method is used to evaluate the rights protection effects of farmland transfer contract in the flat dam,high hill and low hill in Shuangliu County,Chengdu,China.Result shows that the transfer agreement of farmland and the basic information of contract greatly affect the rights protection effects of farmland transfer contract.There are differences in the five indices of the information of the signature of contract,pricing for payment,time limit for farmland transfer,transfer mode of farmland,and use range of farmland transfer.During the farmland transfer in reality,there are three hidden dangers in farmer's land rights and interests,which are the ill-formed transfer behavior,the relatively low income of farmers from farmland transfer,and the quality decline of farmland and difficult full reclamation in transfer period.Based on the evaluation result and investigation data,countermeasures are put forward to improve the rights protection effects of farmland transfer contract.
文摘|Editorial Note|Land has become an issue of increasing social concern as demand continues to surge in the midst of economic development,urbanization and industrialization.The crux of the issue is the land regime. China has a unique dualistic land regime under which the land market has not been well developed.Based on a review and commentary of the existing land polices,this article elaborates on the deficiencies inherent in China’s dualistic land rights system and land market and offers policy recommendations for promoting land system reform and market development.This study will help us gain an in-depth understanding of the problems in China’s land regime.
文摘Protecting the rights and interests of workers and staff members constitutes an important aspect of China's human rights protection. At the time when the country is dealing with impacts of the global financial crisis, the All-China Federation of Trade Unions has been working fruitfully and effectively to accelerate economic and social development and safeguard the legitimate rights and interests of workers, therefore making contributions to the protection of the rights and interests of Chinese workers. Now I would like to make a brief introduction on this subject.
文摘July 2019 Contents Preamble I.Development of the Cause of Persons with Disabilities II.Mechanisms for the Protection of Rights and Interests of Persons with Disabilities III.Health and Rehabilitation IV.Special Education and Inclusive Education V.Employment and Entrepreneurship VI.Basic Life and Social Security VII.Creating an Accessible Environment and Enabling Mobility.
文摘EDITOR'S NOTE: FoUowing are some of the stories about how migrant workers' rights and interests are protected in Zhejiang, one of the best developed province on the Chinese mainland. Through interviews with more than 100 migrant workers in the province, we found that migrant workers there enjoy equal treatment as their counterparts registered as urban residents, and that their rights and interests are effectively protected.
文摘EDITOR'S NOTE: Slated for September 2008, the Tenth National Congress of the Chinese Women will review the achievements the country has made over the past five years in promoting women's rights and interests and formulate the targets for the protection endeavor over the next five years. The five years since the Ninth National Congress of the Chinese Women have witnessed a constant improvement in the status of the Chinese women and in their human rights conditions. Following is a transcript of an interview given our staff reporters by Zhao Shaohua, vice-chairperson of the All-China Women's Federation (ACWF) and member of the ACWF Secretariat, on how women's rights and interests are protected in China.
文摘Farmer workers are a new powerful workforce that has sprung up amid China's reform and door opening and in the process of the country's industrialization and urbanization. They have made great contributions to urban prosperity, rural development and their country's modernization. At present, however, farmer workers face numerous difficulties and problems in income, work safety, social security, vocational training, the schooling of their children and living conditions. To safeguard the legitimate rights and interests of farmer workers, the State Council in March 2006 issued Ideas of the State Council on Solving Farmer Workers-related Problems. In the document, the State Council promises to strengthen and improve leadership over work regarding farmer workers and prioritize the solving of farmer workers-related problems.
文摘Employment is fundamental in improving the livelihood of the people and social security is the source ofhuman happiness. This is how the international community protects and improves basic human rights. It is also the policy China has adopted to achieve sustainable economic and social development. Furthermore, it is clear evidence of China's respect and protection of human rights.
文摘The room is in utter chaos, with chairs piling up in a comer and the cable TV not connected to the power source. But one thing is put in place: a slogan on the wall "Creating an outstanding WFQ team for the benefit of all women and children."