Online criminal litigation transcends the constraints of physical time and space and changes the logic and path of trial hearings for some criminal cases with the help of technology.However,the leapfrog shift from the...Online criminal litigation transcends the constraints of physical time and space and changes the logic and path of trial hearings for some criminal cases with the help of technology.However,the leapfrog shift from the“physical field”to the“virtual field”has brought great challenges to the effective exercise of the defendant's right to defense.Online criminal justice further highlights the imbalance in the relationship between prosecution and defense in the context of smart justice,and proposes a new topic for protecting the human rights of the prosecuted.The introduction of online criminal litigation in judicial practice is intended to achieve justice in a faster and more convenient way.However,the dissipation of the ritualized remote hearings tends to undermine the effectiveness of the defense and impair the defense's ability to cross-examine evidence,while the technically advantageous public authorities can aggravate the barrier to the defense's meeting and reading the case file.The root cause is that technological power instrumentalism overemphasizes pragmatism and the pursuit of truth under the position of authority,thus diluting humanistic care for the subject of litigation.In order to resolve the problem with the quality and effectiveness of the right to defense in remote hearings,it is necessary to transform online criminal litigation from a“practical technical tool”to a“convenient auxiliary method,”and appropriately weigh the limits of pursuing truth against human rights protection in special scenarios.Meanwhile,it is also feasible to provide technical care for the defense and strengthen its ability to cross-examine evidence.Moreover,a covert communication platform should be furnished for the defender's online meeting to actively strengthen the protection of the defendant's right to defense.展开更多
Since the release of the first human rights white paper in 1991,the development of the right to education has made remarkable achievements along with the economic miracle of China’s continuous growth and the promotio...Since the release of the first human rights white paper in 1991,the development of the right to education has made remarkable achievements along with the economic miracle of China’s continuous growth and the promotion of education reform.At the regulation level,the right to education has been systematically guaranteed based on the type and phase of education.At the value level,rural areas,poverty-stricken areas,and vulnerable groups have been given preferential treatment to comprehensively improve the quality of their educational resources such as material and financial resources,teachers and curriculum,and digital education development and ensure fair and high-quality development of their right to education.In the future,equal emphasis on fairness and quality will be the value orientation for the development of the right to education,and the rule of law in education will be needed to further provide systematic and strong institutional guarantees for the right to fair and high-quality education.展开更多
This essay suggests that in 1962-1963, before Birmingham and the March on Washington, a coalition of Black and White civil rights activists, labor, and religious leaders were in the vanguard of the struggle both on th...This essay suggests that in 1962-1963, before Birmingham and the March on Washington, a coalition of Black and White civil rights activists, labor, and religious leaders were in the vanguard of the struggle both on the Pacific Slope and in the nation. Berkeley's battle for fair housing represented an important phase of the civil rights struggle on the west coast and in cities where racial segregation was not based on law, but part of a conspiracy, silent but quite effective, among realtors, mortgage lenders, and renters, against Blacks and other minorities. Encouraged by state antidiscrimination legislation, Berkeley activists embarked upon a fair housing campaign based on surveys of the problem, efforts to enact legislation, and direct action. The irrationality of racists who defended their right to discriminate was one of the most singular aspects of the fair housing struggle. Though they lost at the local level, the coalition of new political forces succeeded a few months later at the state level and represented an effective force in liberal politics in the city for years to come. Because of the stiff opposition and the limits of reformers' liberal fair housing regulations, however, working class and poor African Americans still faced severe housing problems.展开更多
Among various views on intergenerational justice, the most widely accepted theory invokes the rights of future generations. However, the rights theory seems to suffer from the non-identity problem addressed by Derek P...Among various views on intergenerational justice, the most widely accepted theory invokes the rights of future generations. However, the rights theory seems to suffer from the non-identity problem addressed by Derek Parfit. Some rights theorists attempt to circumvent the problem by examining causal links between actions taken by preceding generations and their effects on succeeding ones, Others try to do so by replacing future individual rights with such collective rights. This paper argues that both individualist and collectivist versions of the rights theory fail to supply grounds for intergenerational concern. The paper then offers an alternative theory that refines the idea of duty of fair play developed by John Rawls and applies it to the context of intergenerational relationships. To begin with, I identify several characteristics of posterity and explicate the adverse implications these characteristics have for other major theories of intertemporal concern than the rights theory. Next, different versions of the rights theory are closely examined from the perspective of the non-identity problem. Then, I offer an alternative argument for caring about future people, which is founded on the idea of intergenerational fair play. This paper concludes by noting that the fairness theory, unlike its rivals, does not face the non-identity problem or any other problems stemming from the features of posterity previously identified.展开更多
In response to the 'cages in courts' issue in criminal trials,after reviewing a series of cases such as 'Svinarenko and Slyadnev v.Russia',the European Court of Human Rights has gradually clarified tha...In response to the 'cages in courts' issue in criminal trials,after reviewing a series of cases such as 'Svinarenko and Slyadnev v.Russia',the European Court of Human Rights has gradually clarified that the 'human dignity of the accused and his right to a fair trial are higher than the value of court security',thus found that putting the accused in a cage dock or improper use of a glass cabin dock are in breach of Article 3 and Article 6 of the European Convention on Human Rights,constitutes degrading treatment and violates the right to a fair trial.This position is in line with the international overall trend,which is of significance as a reference for China’s courts.Domestic courts should take the initiative to change the current use of the 'low fence dock' to further enhance China’s judicial civilization.展开更多
The Marrakesh Treaty is,in essence,a human rights treaty.The interpretation and implementation of the treaty cannot be separate from the view on the persons with disabilities from the perspective of human rights.Based...The Marrakesh Treaty is,in essence,a human rights treaty.The interpretation and implementation of the treaty cannot be separate from the view on the persons with disabilities from the perspective of human rights.Based on this view,the interpretation of the treaty should reflect its value of promoting equality,instead of granting privileges to the persons with disabilities.During its implementation,it should be forbidden to aggravate the social alienation of the persons with disabilities by making excessive stipulations.Taking the implementation of the treaty as an opportunity,promoting the transformation of the view on the persons with disabilities from the individual model to the human rights model and facilitating the concept of“building the intangible accessible environment”can maximize the significance of the treaty.展开更多
The theme of this human rights conference is "Human Rights: A Fair Go For All." It’s true that all people wish to enjoy human rights, especially those who lack or are deprived of human rights. The Chinese p...The theme of this human rights conference is "Human Rights: A Fair Go For All." It’s true that all people wish to enjoy human rights, especially those who lack or are deprived of human rights. The Chinese peopie used to have no human rights at all. They paid a most terrifying price through bloodshed and sacrifices to win their rights today. Therefore, the Chinese people attach great importance to and very much treasure human rights, and they also harbor great sympathy for those who still lack human rights. In today’s world,展开更多
Dubbed"Inspiration Mars,"the flyby mission would exploita rare alignment of Earth and Mars that minimizes the time andthe fuel it would take to get to Mars and back home again.Theastronauts would come within...Dubbed"Inspiration Mars,"the flyby mission would exploita rare alignment of Earth and Mars that minimizes the time andthe fuel it would take to get to Mars and back home again.Theastronauts would come within 100 miles of the Martian surfacebefore being slung back to Earth.展开更多
Racial discrimination remains a prevalent issue in the contemporary U.S.despite efforts to promote equality.Many young African American and Hispanic males are easy target for law enforcement agents.Minorities experien...Racial discrimination remains a prevalent issue in the contemporary U.S.despite efforts to promote equality.Many young African American and Hispanic males are easy target for law enforcement agents.Minorities experience a higher and more unfair form of racial discrimination,racial profiling,police brutality,unfair sentencing,and mass incarceration for offences which are the same or less than those committed by White males.The rate of incarceration in the United States is five to eight times higher than most developed countries,and Black males constitute the largest percentage of inmates in the U.S.prison system.Once arrested,Black Americans are more likely to remain in prison longer,and await trial for minor offenses at a higher rate than Whites.Black and Latino males sentenced in state and federal courts face significantly greater odds of incarceration than White offenders for the same or even higher crimes.Vagins and McCurdy in a 2006 ACLU on“cracks in the system”reported that“There is no rational medical or penological reason for the 100:1 disparity between crack and powder cocaine and instead it causes an unjustified racial disparity in our penal system”(p.7).There is a racial disparity in the proportion of Black males in prison serving sentences of life without the possibility of parole(LWOP).In addition,The United States Criminal Justice System needs to be carefully examined as a top priority agenda needing immediate call of action that needs reform to guarantee the constitutional rights accorded to every American“with liberty and justice for all”.展开更多
Drone strikes are increasingly used in counter-terrorism operations and other military fields,and drones are heralded as the“future of war.”Meanwhile,the use of drones as weapons also brings a series of human rights...Drone strikes are increasingly used in counter-terrorism operations and other military fields,and drones are heralded as the“future of war.”Meanwhile,the use of drones as weapons also brings a series of human rights challenges,mainly reflected in the infringement upon or serious threat to basic rights such as the right to life and the right to a fair trial,leading to a series of imputation problems.In fact,international human rights law is binding on States parties,whether in peacetime or in armed conflicts,and the protection of human rights it provides continues.This requires relevant entities to incorporate this new type of military use into regulation as soon as possible.Meanwhile,based on the principle of respecting national sovereignty,they should abide by the principle of distinction and proportionality,prevent the violation of human rights through abuse of armed drones,reinterpret relevant concepts and principles,gradually develop international standards for the use of drones as weapons,fairly and reasonably determine the responsibilities of various parties,and ensure that the use of new technologies does not negatively affect human rights protection.展开更多
The Marrakesh Treaty is an international treaty specifically concluded by the World Intellectual Property organization(WIPo)to address the“book famine”for people who are blind,visually impaired,or otherwise print di...The Marrakesh Treaty is an international treaty specifically concluded by the World Intellectual Property organization(WIPo)to address the“book famine”for people who are blind,visually impaired,or otherwise print disabled.It uses the tools of copyright law and policy for the purpose of human rights.Prior to the conclusion of the Marrakesh Treaty,the international intellectual property treaties were all focused on intellectual property protection and the higher level of protection.The Marrakesh Treaty is the first international intellectual property treaty to highlight the limitation and exceptions of rights and explicitly use human rights discourse.There were some theoretical disputes during the negotiation of the Marrakesh Treaty,mainly because the international community failed to reach a consensus on such basic theoretical issues as the relationship between copyright and human rights and the legal nature of the Marrakesh Treaty.When implementing the Marrakesh Treaty in domestic law,China should face theoretical disputes,coordinate the protection of copyright and the promotion of human rights on the basis of its national conditions,and make corresponding institutional arrangements.展开更多
基金the phased result of the Humanities and Social Science Research and Planning Fund Project of the Ministry of Education,titled“Research on Online Dispute Resolution Mechanisms:Theory,Rules,and Practice”(22YJA820036)Research Project on the Historical and Cultural Heritage,Essential Connotation and Mission of the Era of China’s Human Rights Development Path of the Beijing Research Center of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era(23LLFXA055)。
文摘Online criminal litigation transcends the constraints of physical time and space and changes the logic and path of trial hearings for some criminal cases with the help of technology.However,the leapfrog shift from the“physical field”to the“virtual field”has brought great challenges to the effective exercise of the defendant's right to defense.Online criminal justice further highlights the imbalance in the relationship between prosecution and defense in the context of smart justice,and proposes a new topic for protecting the human rights of the prosecuted.The introduction of online criminal litigation in judicial practice is intended to achieve justice in a faster and more convenient way.However,the dissipation of the ritualized remote hearings tends to undermine the effectiveness of the defense and impair the defense's ability to cross-examine evidence,while the technically advantageous public authorities can aggravate the barrier to the defense's meeting and reading the case file.The root cause is that technological power instrumentalism overemphasizes pragmatism and the pursuit of truth under the position of authority,thus diluting humanistic care for the subject of litigation.In order to resolve the problem with the quality and effectiveness of the right to defense in remote hearings,it is necessary to transform online criminal litigation from a“practical technical tool”to a“convenient auxiliary method,”and appropriately weigh the limits of pursuing truth against human rights protection in special scenarios.Meanwhile,it is also feasible to provide technical care for the defense and strengthen its ability to cross-examine evidence.Moreover,a covert communication platform should be furnished for the defender's online meeting to actively strengthen the protection of the defendant's right to defense.
文摘Since the release of the first human rights white paper in 1991,the development of the right to education has made remarkable achievements along with the economic miracle of China’s continuous growth and the promotion of education reform.At the regulation level,the right to education has been systematically guaranteed based on the type and phase of education.At the value level,rural areas,poverty-stricken areas,and vulnerable groups have been given preferential treatment to comprehensively improve the quality of their educational resources such as material and financial resources,teachers and curriculum,and digital education development and ensure fair and high-quality development of their right to education.In the future,equal emphasis on fairness and quality will be the value orientation for the development of the right to education,and the rule of law in education will be needed to further provide systematic and strong institutional guarantees for the right to fair and high-quality education.
文摘This essay suggests that in 1962-1963, before Birmingham and the March on Washington, a coalition of Black and White civil rights activists, labor, and religious leaders were in the vanguard of the struggle both on the Pacific Slope and in the nation. Berkeley's battle for fair housing represented an important phase of the civil rights struggle on the west coast and in cities where racial segregation was not based on law, but part of a conspiracy, silent but quite effective, among realtors, mortgage lenders, and renters, against Blacks and other minorities. Encouraged by state antidiscrimination legislation, Berkeley activists embarked upon a fair housing campaign based on surveys of the problem, efforts to enact legislation, and direct action. The irrationality of racists who defended their right to discriminate was one of the most singular aspects of the fair housing struggle. Though they lost at the local level, the coalition of new political forces succeeded a few months later at the state level and represented an effective force in liberal politics in the city for years to come. Because of the stiff opposition and the limits of reformers' liberal fair housing regulations, however, working class and poor African Americans still faced severe housing problems.
文摘Among various views on intergenerational justice, the most widely accepted theory invokes the rights of future generations. However, the rights theory seems to suffer from the non-identity problem addressed by Derek Parfit. Some rights theorists attempt to circumvent the problem by examining causal links between actions taken by preceding generations and their effects on succeeding ones, Others try to do so by replacing future individual rights with such collective rights. This paper argues that both individualist and collectivist versions of the rights theory fail to supply grounds for intergenerational concern. The paper then offers an alternative theory that refines the idea of duty of fair play developed by John Rawls and applies it to the context of intergenerational relationships. To begin with, I identify several characteristics of posterity and explicate the adverse implications these characteristics have for other major theories of intertemporal concern than the rights theory. Next, different versions of the rights theory are closely examined from the perspective of the non-identity problem. Then, I offer an alternative argument for caring about future people, which is founded on the idea of intergenerational fair play. This paper concludes by noting that the fairness theory, unlike its rivals, does not face the non-identity problem or any other problems stemming from the features of posterity previously identified.
文摘In response to the 'cages in courts' issue in criminal trials,after reviewing a series of cases such as 'Svinarenko and Slyadnev v.Russia',the European Court of Human Rights has gradually clarified that the 'human dignity of the accused and his right to a fair trial are higher than the value of court security',thus found that putting the accused in a cage dock or improper use of a glass cabin dock are in breach of Article 3 and Article 6 of the European Convention on Human Rights,constitutes degrading treatment and violates the right to a fair trial.This position is in line with the international overall trend,which is of significance as a reference for China’s courts.Domestic courts should take the initiative to change the current use of the 'low fence dock' to further enhance China’s judicial civilization.
文摘The Marrakesh Treaty is,in essence,a human rights treaty.The interpretation and implementation of the treaty cannot be separate from the view on the persons with disabilities from the perspective of human rights.Based on this view,the interpretation of the treaty should reflect its value of promoting equality,instead of granting privileges to the persons with disabilities.During its implementation,it should be forbidden to aggravate the social alienation of the persons with disabilities by making excessive stipulations.Taking the implementation of the treaty as an opportunity,promoting the transformation of the view on the persons with disabilities from the individual model to the human rights model and facilitating the concept of“building the intangible accessible environment”can maximize the significance of the treaty.
文摘The theme of this human rights conference is "Human Rights: A Fair Go For All." It’s true that all people wish to enjoy human rights, especially those who lack or are deprived of human rights. The Chinese peopie used to have no human rights at all. They paid a most terrifying price through bloodshed and sacrifices to win their rights today. Therefore, the Chinese people attach great importance to and very much treasure human rights, and they also harbor great sympathy for those who still lack human rights. In today’s world,
文摘Dubbed"Inspiration Mars,"the flyby mission would exploita rare alignment of Earth and Mars that minimizes the time andthe fuel it would take to get to Mars and back home again.Theastronauts would come within 100 miles of the Martian surfacebefore being slung back to Earth.
文摘Racial discrimination remains a prevalent issue in the contemporary U.S.despite efforts to promote equality.Many young African American and Hispanic males are easy target for law enforcement agents.Minorities experience a higher and more unfair form of racial discrimination,racial profiling,police brutality,unfair sentencing,and mass incarceration for offences which are the same or less than those committed by White males.The rate of incarceration in the United States is five to eight times higher than most developed countries,and Black males constitute the largest percentage of inmates in the U.S.prison system.Once arrested,Black Americans are more likely to remain in prison longer,and await trial for minor offenses at a higher rate than Whites.Black and Latino males sentenced in state and federal courts face significantly greater odds of incarceration than White offenders for the same or even higher crimes.Vagins and McCurdy in a 2006 ACLU on“cracks in the system”reported that“There is no rational medical or penological reason for the 100:1 disparity between crack and powder cocaine and instead it causes an unjustified racial disparity in our penal system”(p.7).There is a racial disparity in the proportion of Black males in prison serving sentences of life without the possibility of parole(LWOP).In addition,The United States Criminal Justice System needs to be carefully examined as a top priority agenda needing immediate call of action that needs reform to guarantee the constitutional rights accorded to every American“with liberty and justice for all”.
基金the phase achievement of a key project(21AFX004)of the National Social Science Fund of China in 2021
文摘Drone strikes are increasingly used in counter-terrorism operations and other military fields,and drones are heralded as the“future of war.”Meanwhile,the use of drones as weapons also brings a series of human rights challenges,mainly reflected in the infringement upon or serious threat to basic rights such as the right to life and the right to a fair trial,leading to a series of imputation problems.In fact,international human rights law is binding on States parties,whether in peacetime or in armed conflicts,and the protection of human rights it provides continues.This requires relevant entities to incorporate this new type of military use into regulation as soon as possible.Meanwhile,based on the principle of respecting national sovereignty,they should abide by the principle of distinction and proportionality,prevent the violation of human rights through abuse of armed drones,reinterpret relevant concepts and principles,gradually develop international standards for the use of drones as weapons,fairly and reasonably determine the responsibilities of various parties,and ensure that the use of new technologies does not negatively affect human rights protection.
基金a periodic research result of the Case Study of Copyright Protection in Media Convergence in the Digital Era(Grant No.20XN0001)of the scientific research fund program of the Renmin University of China。
文摘The Marrakesh Treaty is an international treaty specifically concluded by the World Intellectual Property organization(WIPo)to address the“book famine”for people who are blind,visually impaired,or otherwise print disabled.It uses the tools of copyright law and policy for the purpose of human rights.Prior to the conclusion of the Marrakesh Treaty,the international intellectual property treaties were all focused on intellectual property protection and the higher level of protection.The Marrakesh Treaty is the first international intellectual property treaty to highlight the limitation and exceptions of rights and explicitly use human rights discourse.There were some theoretical disputes during the negotiation of the Marrakesh Treaty,mainly because the international community failed to reach a consensus on such basic theoretical issues as the relationship between copyright and human rights and the legal nature of the Marrakesh Treaty.When implementing the Marrakesh Treaty in domestic law,China should face theoretical disputes,coordinate the protection of copyright and the promotion of human rights on the basis of its national conditions,and make corresponding institutional arrangements.