The Rights Logic of Common Prosperity:Structure,Evolution,and Path to Implementation

The concept of common prosperity embodies the right of the people to a happy life,which is in line with General Secretary Xi Jinping’s proposition that“the people’s happiness is the greatest human right.”Its rights structure has the attributes of collective rights,reflecting the people’s pursuit of material civilization,spiritual civilization,harmony,beauty,and other social values.The realization of these rights is based on individual diligent labor and also entails human rights responsibilities of the state and society.Since the Third Plenary Session of the 11th Central Committee,China has pursued the basic policy of reform and opening-up,dismantling institutional barriers that hindered the development of productivity and the full realization of rights.This has stimulated the initiative,enthusiasm,and creativity of the people in their endeavors and entrepreneurship,leading to a historic leap from standing up to becoming prosperous.The living standards of the people have greatly improved.In the new journey toward achieving the second centenary goal,China should follow the important discourse of General Secretary Xi Jinping on respecting and protecting human rights,take the path of socialist human rights with Chinese characteristics,and better meet the growing aspirations of the people for a better life in the pursuit of high-quality economic development.

Theory on Introducing a Mandatory Attorney System into Civil Litigation from the Perspective of the Protection of the Right of Action

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.

Practical Logic and Discourse Interpretation of China’s Efforts to Safeguard the Right to Subsistence

The Communist Party of China has led the Chinese people to write a brilliant chapter of national development over the past century,wherein the nation has sounded a clarion call for safeguarding the right to subsistence and made fruitful achievements in this regard.However,there is still room for improvement in its systematic discourse of the right to subsistence.To accurately understand the Chinese theory on the right to subsistence,we must base it on China’s historical background and social reality.Through mining the white papers on human rights progress in China over the years and analyzing Chinese practices recorded thereby,we can figure out the practical logic for the country’s efforts in the protection of the right to subsistence,and with this as a clue,we can further interpret its discourse on the right to subsistence.Issues related to the right to subsistence can be divided into two levels:“basically solved”and“truly solved”.The former involves the settlement of the most fundamental issues closely related to the right to subsistence in fields like food,education,medical care,housing,and drinking water,and the latter corresponds to“improvement”in the right to subsistence.While consolidating and upgrading the existing basic rights,China works to enable its people to truly gain a foothold in society and achieve their aspiration for a better life through combining assistance and support from the government and society and the efforts of individuals.Understanding the right to subsistence in a dynamic and developmental manner is instrumental in better understanding the alignment between the right to subsistence and other human rights.

The Protection of Right of Minors to Express Their Opinions in Family Litigations

The right of minors to express their opinions in family litigations refers to minors,who have a certain degree of mental capacity and assertiveness,having the right to express their opinions on the arrangements or decisions related to themselves when the courts handle familial litigation cases involving their interests,and to request the courts hear their opinions.In essence,the right of minors to express their opinions in family litigations belongs to the basic procedural rights of minors as well as judicial beneficiary rights.As for the protection of the right of minors to express their opinions in family litigations,recognizing the status of minors as independent subjects of rights is the logical premise,the procedural guarantee for the rights of the substantive parties involved is the direct cause,and ensuring the best interests of children is the fundamental reason.In order to protect the right of minors to express their opinions in family litigations,China should standardize the mechanisms for judges to hear the opinions of minors directly,improve the mechanisms for family investigators,and establish mechanisms for representing the interests of minors.

The Path and Reflection of the Right to be Forgotten in China

With the development of the internet, the right to be forgotten recognized by the EU has gradually entered the research field of Chinese academia. Since then, Chinese scholars have analyzed the necessity and feasibility and also the possible ways in which the right to be forgotten might be safeguarded. However, the argument of the right to be forgotten and its path deserve to be further discussed. The right to be forgotten is not a solution to the violation of personal information in China because our domestic systems and practices have allowed individuals to delete online information and the construction of the forgotten right with the right of personal information as the core may hinder the development of the Internet. This article suggests that the introduction of the right to be forgotten should follow China’s national conditions and should be constructed with privacy as the core in the system design, and the content should further clarify personal data. The subjects of data should be differentiated in specific implementation and the scope of application should encompass the criminal field.

President Xi's Congratulatory Letter to the “International Symposium on the 30^(th) Anniversary of the Adoption of the UN Declaration on the Right to Development”

On the occasion of the 30thanniversary of the adoption of the United Nations’ Declaration on the Right to Development,representatives from various countries have gathered in Beijing to attend the "Sharing the Development:Create More Benefits

The Conflict and the Balance between the Right to Development and the Right to the Environment——Perspective and Reflection Based on China

The right to development and the right to the environment are both third generation rights, closely related to human development and world peace. For developing countries, there is a de facto conflict between the right to development and the right to the environment, which leads to serious consequences. To coordinate development and the environment, developing countries should shift their pattern of development, take the path of sustainable development and realize environmental protection and ecological balance while promoting economic growth.

The Declaration on the Right to Development as a First Step towards a Comprehensive Southern Vision on Human Rights

Having proper sanitation and hygiene, access to affordable health care and enough food on the table are the basic conditions for a dignified life. This link between human dignity and the right to development was made very persuasively already in the White Paper on human rights, issued by the State Council of P.R.C. in 1991. The Declaration on the right to development can be considered the first successful joint action undertaken by Southern states in the area of human rights. The Declaration was based on Southern scholarship, such as the pioneering research conducted by the Senegalese jurist Kéba M’baye. And its adoption was the result of joint stage management performed by diplomats from different continents. Therefore the Declaration serves as a source of inspiration for the work of drafting a Comprehensive Southern Vision on human rights. The Vision document will lay out a common Southern outlook on human rights issues as an elaboration of the Universal Declaration.

Relations between Environmental Right for Citizens and the Right to Use Environmental Resources owned by Company and Enterprise

From angles of administrative law and private law, the article analyzes relations between environmental right for citizens and the right to use environmental resources owned by company and enterprise and points out three principles to balancing two relations: A principle of equal protection, a principle that general interest is superior to special interest as well as taking an account for special interest, in specific circumstances, for example, in the circumstance that clashes between environmental and economic interests can not be avoided, policy makers can put an emphasis on more important social interest according after considering weight of each interest. Finally, the article reaches a conclusion that China should establish system of environmental right for citizens from legislative and administrative levels so that a harmonious society can be constructed with guarantee.

The Legal Guarantee of the Right to Education Perspective of Completing the Building a Moderately Prosperous Society in All Respects

As we review the historical process of completing the building a moderately prosperous society in all respects,the rule of law through the right to education,which has played a leading and guaranteeing role in this process,has not only made great achievements,but also set the direction and path for the development of the education system and unleashed education’s momentum in driving social development.The rule of law through the right to education has been established and developed during the great practice of reform and opening-up.After we achieve the goal of realizing all-round moderate prosperity,it is necessary to straighten out the internal mechanisms concerning its next-step development and codify educational laws in order to further promote human rights progress in China.

On the Right to a Happy Life as a Human Right

A happy life is the pursuit,enjoyment,and realization of ever more complex needs in a circular way under objective conditions In terms of its constituent elements,the right to a happy life,as a human right,not only has the characteristics of moral rights,universal rights,and rights of prevention and cooperation but also contains the three spiritual values of human rights From the perspective of the genealogy of human rights theory,the right to a happy life as a human right is a new human rights bundle with basic,comprehensive,and complex characteristics From the perspective of the basic structure,the right to a happy life,as a human right,constitutes its subject,content,and nature First and foremost,basic human rights stand for consensus at the current primary stage They are fundamental and preliminary,and they are relativistic concepts The largest human right,however,is characterized by complexity,inclusiveness,and systematism,and is an absolute concept From the basic human rights to the largest human rights is a classic expression in different stages of China’s human rights construction It is not only the obligation and commitment in human rights practice,but also a summary of human rights theory,and more importantly,an important theoretical achievement of China’s human rights development in the new era.

China's Theoretical Innovation and Practical Contribution to the Right to Development——In Commemoration of the 30^(th) Anniversary of the United Nations' Declaration on the Right to Development

The discourse power over the right to development is the basis for value consensus and practical effect of the right to development. Over the three decades since the adoption of the United Nations' Declaration on the Right to Development, China has developed an innovative discourse system and practices on the right to development and contributed a series of original new concepts, new propositions and new ideas to the right, which may be generally summarized as ten major aspects: in terms of orientation, the right to development is a primary fundamental human right; in terms of the nature, the right to development is an essential requirement of socialism; in terms of strategy, the right to development is to be implemented through the strategy that 'development is the primary task'; in terms of contents, we should realize the right to development integrating economy, politics, culture, society and ecological conservation; in terms of concept, we propose that people equally participate in the equal right to development; in terms of principle, we should stick to the people-centered orientation of the right to development; in terms of steps, we should enhance the right to development in the Chinese dream for the great revitalization of the Chinese Nation; in terms of focus, we should construct a fair social security system; in terms of method, we should promote the right to development by the idea and method of rule of law; in terms of ideas, we should guide the right to development by an innovative, coordinated, green, open and sharing outlook on development.

An Academic Summary of the International Seminar Series on “Safeguarding the Right to Life in the Epidemic Prevention and Control”

Guided by the China Society for Human Rights Studies and organized by Southwest University of Political Science and Law,the First Session of the Series of International Seminars on"Global Epidemic Prevention and Control and Human Rights Protection"was held in Chongqing on May 9,2020.The seminar featured the theme of"Guarantee of the Right to Life in Epidemic Prevention and Control"and two sub-topics:"Value Status and Legal Protection of the Right to Life"and Safeguarding the Right to Life of Vulnerable Groups under the Pandemic".Over 40 experts and scholars from China,the Netherlands,France,Pakistan and Sri Lanka attended the conference,and conducted in-depth discussions on specific issues such as"life supremacy","attributes of the right to life","government responsibilities","protection of vulnerable groups","balance of the right to life and other human rights",and"science-based approaches to epidemic prevention".This conference reaffirmed the key idea of life supremacy,which is conducive to strengthening the safeguarding of and attention to the right to life in the global pandemic prevention and control.

On the Right to the Protection of Personal Data as a Constitutional Right

The right to the protection of personal data is an important human right in the era of big data and a constitutional right based on the national protection obligation and the theory of human dignity,making it of special significance for the realization of citizenship in a digital society.It can be seen from an examination of the constitutional texts of various countries in the world that the right to the protection of personal data as a constitutional right has rich normative connotations,and the key legal link to realize this right lies in the national legislature actively fulfilling its obligation to shape and specify the protection of personal data in accordance with the entrustment of the constitutional norms.Given the constitutional principles of fundamental rights protection,i.e.,realizing the constitutional status of the right to the protection of personal data as a basic right by means of institutional guarantees,the legislature should first adhere to the constitutionality principle of data protection legislation.Second,a multi-level data protection legal system centered on the right to the protection of personal data should be established.Finally,the institutional guarantee mechanism for the protection of personal data should be continuously improved through constitutional interpretation.

The Theoretical and Practical Extension of the Right to Health

By reflecting on the dualities al in Western human rights concepts,the right to health presents rich normative connotations in our country,and plays an important role in promoting,compelling and guiding individuals,governments and other participants.The expansion of the human rights movement and the advancement of medical technology since the end of World War II are the underlying reasons why the right to health has flourished in the field of international human rights law.Since the founding of the People’s Republic of China,China has gradually formed a relatively complete system of health laws and regulations in its Constitution.Faced with the challenges of COVID-19 prevention and control,China has clarified the value superiority of the right to health in the constitutional norms.At the same time,the concept,value and principles of the right to health are having an increasingly prominent influence on the system of civil law,criminal law,patent law and other departmental laws and regulations.

On the Criminal Protection of the Right to Education of Chinese Citizens——With a Review on Article 32 of the Amendment to the Criminal Law(Ⅺ)

The Amendment(Ⅺ)to the Criminal Law of the People’s Republic of China responds to the institutional needs of civic education,and supplements the clause of the Criminal Law on protection of citizens’right to education nuy means of Article 32.Imposing legal responsibility in the form of internal punishments,administrative punishments,and economic compensation have failed to prevent infringements on citizens’right to education.Its role as a"secondary protection law"is the conceptual obstacle that hinders the Criminal Law from effectively intervening in the field of citizens’right to education.The equivalence between the legal interests of people to the right to education and the rights protected by the existing charges in the Criminal Law is the legitimate basis for it to intervene in disputes over the right to education.Based on Article 32 of the Amendment(Ⅺ)to the Criminal Law of the People’s Republic of China,it is suggested to further clarify the prepositional law,improve the liability provisions for the right to education,change the modest and restrained view of the Criminal Law regarding protection of the right to education,and expand the behavior types of Article 32 provided in the Amendment(Ⅺ)in due time.

Interpretation of the Concept of the Right to Internet Access from the Perspective of International Law

The advent of the internet era breeds a new concept, namely, the right to internet access. Many countries and international organizations, as well as individuals, are advocating or have already embodied it as a basic human right, thus enhancing the issues of whether it should be incorporated into the macro system of international human rights. By analyzing the facts, this article points out that the international concept of the right to internet access should be distinguished from its domestic concept, for there are no legal sources about the right to internet access for guidance as with some treaties in the current international law, despite its close relationship with some existing rights such as the freedom of speech, press and assembly, or the right of equality, or the right to development. And there is still a long time before the legal value and related responsibilities as well as the boundaries about the right to internet access becomes a consensus in the international society. Even though there is quite a possibility, this right hasn’t been embodied as part of international human rights, and thus hasn’t made a legal concept in international human right law.

Belt and Road Initiative and Realization of the Right to Development

The Belt and Road Initiative not only represents a new blueprint for realizing the right to development, but also provides a realistic approach and a possible solution for it. With clear goals and paths, the Belt and Road Initiativ e serves as a model for SouthSouth cooperation to promote development. Under the background of China’s economic progress, given China has the strong political will, adequate financial resources, and advanced technology to advance the initiative it will prove to be reliable driver of development. With the joint efforts of China and relevant countries, the Belt and Road Initiative will greatly promote the right to development of countries along the routes.

The Practical Basis and Theoretical Innovation of Human Rights in Contemporary China——Theory of Human Rights Structure Moving towards Developmentalism

The practice of human rights in contemporary China puts forward an urgent demand for the innovation in human rights theories.On the basis of summarizing the practice of human rights in contemporary China,the developmental theory of human rights holds that human rights are the value consensus and social norms fostered by the common crisis faced by all human beings under the background of globalization of market economy.The free,comprehensive and harmonious development of all people is the ultimate goal of human rights.Taking the right to human development"as a purposive right can provide more enlightening explanations for the relational structure of human rights.