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On the Construction and Application Scenarios of——Analysis of Environmental Personality Interests Based on Human Rights
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作者 周珂 蒋昊君 LI Donglin 《The Journal of Human Rights》 2023年第2期237-256,共20页
Environmental personality interests based on human rights reflect the multiple values of ecological order,ecological justice,and ecological freedom,and are closely linked to the protection of the right to life and the... Environmental personality interests based on human rights reflect the multiple values of ecological order,ecological justice,and ecological freedom,and are closely linked to the protection of the right to life and the right to health.They are also related to human dignity and the personal freedom of civil subjects and conform to formal and essential standards of personality rights,which should be included in the scope of personality rights for protection.The construction and application of environmental personality rights faces bottlenecks such as the partiality of subjects,limitation of objects,and hysteresis of responsibilities in the protection of environmental personality rights.Environmental personality rights are supposed to reflect the needs of the development of modern human rights.We should expand the scope of its connotative power and function based on the Green Principle of the Civil Code,and follow a networked,typified,and systematic path of protection,so as to manifest the people-centered philosophy of the Civil Code and the Environmental Protection Law. 展开更多
关键词 environmental personality interests human rights human dignity personality rights
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Creating an Institutional Environment for Protecting the Rights and Interests of China’s Dispatched Labor
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作者 NIU YOUNING 《The Journal of Human Rights》 2011年第5期16-21,共6页
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
关键词 Creating an Institutional Environment for Protecting the rights and interests of China s Dispatched labor
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The Conflict and Balance Between Intellectual Property Rights and Public Freedom of Information in the“Anti-circumvention Clause”
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作者 龚珊珊 严小翔 SHEN Jinjun(译) 《The Journal of Human Rights》 2023年第5期1115-1133,共19页
There is a long-standing conflict between intellectual property rights and public freedom of information.The continuous development of the“anti-circumvention clause”has caused the conflict to intensify.As a basic hu... There is a long-standing conflict between intellectual property rights and public freedom of information.The continuous development of the“anti-circumvention clause”has caused the conflict to intensify.As a basic human right,freedom of information is being gradually eroded by the expansion of intellectual property rights.The existing research mainly carries on the right balance from the negative protection path,but the positive protection path is more advantageous to realizing the public freedom of information and alleviates the conflict between the two kinds of rights.In practice,there are some problems in the application of the anti-circumvention clause,such as the legality of the aim,the division of the protected part,and the determination of the circumvention.This is mainly due to the lack of restrictions on technical measures,the failure to distinguish between“copyright protection”and“contact control”,and the offside and absence of administrative bodies in practice.We should protect public freedom of information by distinguishing the two measures of copyright protection and contact control and the two torts of access and use,increasing the restrictive conditions for the use of technical protection measures,and changing the functions of administrative supervision agencies. 展开更多
关键词 anti-circumvention clause intellectual property rights public information freedom balance of interests human rights
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Study on the rights and interests value of mineral resources and its evaluation method
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作者 刘海滨 芮建伟 《Journal of Coal Science & Engineering(China)》 2004年第1期97-100,共4页
The rights and interests value of mineral resources includes the prospecting rights value and the mining rights value. The mining rights value is made up of the min-eral resources value and the compensation value base... The rights and interests value of mineral resources includes the prospecting rights value and the mining rights value. The mining rights value is made up of the min-eral resources value and the compensation value based on the inputs of capitals and labors in different exploration stage, the prospecting rights value should be equal to ex-ploration differential rent of resources. According to the stage characteristic of mineral resources exploration and development, the initial evaluating methods and models are used to evaluate the prospecting rights and mining rights value. 展开更多
关键词 mineral resources the value of rights and interests evaluating model
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The Nomocracy Pursuit of "the Maritime Silk Road"--On Legal Guarantee of State's Marine Rights and Interests
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作者 Pei Zhaobin Wang Lili 《Journal of Shipping and Ocean Engineering》 2016年第2期123-128,共6页
"The Maritime Silk Road", part of China's maritime power strategy, will safeguard the realization of "Chinese Dream". "The Maritime Silk Road" needs desperately legal guarantee of State's marine rights and int... "The Maritime Silk Road", part of China's maritime power strategy, will safeguard the realization of "Chinese Dream". "The Maritime Silk Road" needs desperately legal guarantee of State's marine rights and interest. The primary target of this paper is to put forward several suggestions on the legal guarantee of maritime rights protection based on analyzing the present situation of China legal system. 展开更多
关键词 the Maritime Silk Road marine rights and interests legal guarantee.
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The Legal Support for the Protection of the Disabled Children's Rights and Interests
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作者 Chang Xiaoming Xu Qiaoxian 《学术界》 CSSCI 北大核心 2014年第9期293-300,共8页
How to protect the disabled children’s rights and interests legally has been a very serious,urgent realistic subject.Today,the problems in the protection of the disabled children’s rights and interests become obviou... How to protect the disabled children’s rights and interests legally has been a very serious,urgent realistic subject.Today,the problems in the protection of the disabled children’s rights and interests become obvious,mainly including that the right to exist is not protected,the right to education is changed,the right to development is not implemented,the right to participate is not respected,and the right to be protected is not safeguarded,etc.As the legal position of the protection of the disabled children’s rights and interests is absent,it is imperative to choose the legal support ways for the protection of the disabled children’s rights and interests. 展开更多
关键词 权益保护 法律支持 残疾儿童 儿童保护 法律地位 权利 利益
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Legislative Protection for Women's Rights and Interests after the Founding of the People's Republic of China 被引量:1
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作者 Li Mingshun 《The Journal of Human Rights》 2010年第3期14-19,共6页
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
关键词 Legislative Protection for Women’s rights and interests after the Founding of the People’s Republic of China
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Judicial Protection and Restorative Justice of the Support Rights and Interests for the Elderly Rights——Taking the Sample of Judgement Documents from 2013-2018 as Analysis Object
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作者 赵树坤 殷源 LU Mimi(译) 《The Journal of Human Rights》 2019年第4期437-456,共20页
The support rights and interests of the elderly is one of the core issues of an aging society.Judging from the judgment documents on support dispute cases in recent years,maintenance disputes mainly occur in the kinsh... The support rights and interests of the elderly is one of the core issues of an aging society.Judging from the judgment documents on support dispute cases in recent years,maintenance disputes mainly occur in the kinship structure of parents and children,the support obligators are mainly men,the content of support is mainly material appeals.In the judicial process,there are some characteristics worth studying,such as lawyers,intervention,judges,thinking,reasoning and expression.In view of this,the current development direction of the judicial protection of elderly’s rights and interests in China should be carried out around the goal of"restorative justice"and efforts should be made,such concept renewal,system improvement and spiritual support prospect. 展开更多
关键词 the elderly SUPPORT rights and interests RESTORATIVE JUSTICE
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Initial Analysis on the Legal Protection of Consumers' Rights and Interests in Network Transaction
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作者 Xiaoqing Ren 《International Journal of Technology Management》 2016年第7期5-7,共3页
With the development of network technology and information technology, electronic commerce as a new business model wiht itsnew trading ideas-+, In changing the traditional business structure,but also gradually changi... With the development of network technology and information technology, electronic commerce as a new business model wiht itsnew trading ideas-+, In changing the traditional business structure,but also gradually changing people’s shopping patterns and consumptionpatterns,Online shopping has become the preferred way of shopping.Changes in consumption patterns will inevitably lead to new problems inthe process of consumption,and the development speed of the problem in sync with the development speed of network economy,as far as therenewal speed of laws and regulations is concerned,this asymmetric development is bound to bring great inconvenience to the consumer rights innetwork transactions.In this paper, from the angle of legal protection,the protection of consumer rights and interests in network transactions areexpounded,analysis of the current situation and reasons of the consumers’ rights and interests are infringed upon in the network transaction,learnfrom the experience of foreign consumer rights and interests protection,In order to put forward effective suggestions on the system constructionof the protection of consumer rights and interests. 展开更多
关键词 network transaction consumer’s rights and interests legal prote
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Discussion on Administrative Law protection for Pension Rights and Interests of the Lost Only-Child Elderly in China
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作者 Zehua Feng 《International Journal of Technology Management》 2016年第2期51-54,共4页
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
关键词 the lost only-child elderly Pension rights and interests Administrative law protection.
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Protection of the Rights and Interests of Persons with Disabilities in China:Ideas,System and Challenges
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作者 韩大元 CHEN Yunqing(译) 《The Journal of Human Rights》 2018年第2期149-161,共13页
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
关键词 protection of the rights and interests of persons with disabilities human values right of accessibility
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Improve Labor Contract System, Safeguard Lawful Rights and Interests of Laborers——An interview with Prof. Guan Huai of Law School of Renmin University of China
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作者 BY OUR STAFF REPORTER YOU XUEYUN 《The Journal of Human Rights》 2006年第5期9-12,共4页
EDITOR'S NOTE: The Draft Labor Contract Law of the People's Republic of China has been completed and was published for soliciting comments on March 20. In a short period of one month, 191,849 pieces of comments and... EDITOR'S NOTE: The Draft Labor Contract Law of the People's Republic of China has been completed and was published for soliciting comments on March 20. In a short period of one month, 191,849 pieces of comments and opinions were received. Prior to the promulgation of the law, this reporter interviewed Mr. Guan Huai, a noted Chinese expert in labor law, professor of the Law School of the Renmin University of China and law advisor to the All-China Federation of Trade Unions. 展开更多
关键词 An interview with Prof Safeguard Lawful rights and interests of laborers Guan Huai of Law School of Renmin University of China Improve labor Contract System School
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Equality, Participation and Sharing: 70 Years of Protecting the Rights and Interests of Persons with Disabilities in the PRC
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作者 《The Journal of Human Rights》 2019年第5期650-675,共26页
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
关键词 PARTICIPATION and SHARING YEARS of Protecting the rights and interests of Persons with Disabilities in the PRC EQUALITY
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Improvement of Legislation System of Protecting Women’s Rights and Interests in China——Taking the Amendment of the Law on the Protection of Women’s Rights and Interests as an Opportunity
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作者 曹薇薇 CHEN Feng(Translated) 《The Journal of Human Rights》 2022年第3期553-580,共28页
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
关键词 protecting women’s rights and interests Law on the Protection of Women’s rights and interests legislation system amendment of the law
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The Centennial History and Significance of the Protection of the Rights and Interests of Persons with Disabilities by the Communist Party of China
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作者 曲相霏 XU Chao(译) 《The Journal of Human Rights》 2021年第2期284-310,共27页
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
关键词 Communist Party of China rights and interests of persons with disabilities survival assistance comprehensive protection
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Blue Paper on the Role of Chinese Trade Unions in Safeguarding the Legitimate Rights and Interests of Workers 2004 (Excerpt)
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作者 ALL-CHINA FEDERATION OF TRADE UNIONS 《The Journal of Human Rights》 2006年第1期10-17,共8页
During the course of 2004, the Chinese trade unions earnestly implemented their strategy of "Organizing for Better Protection," steppedup efforts to regulate industrial relations, effectively defended the legitimate... During the course of 2004, the Chinese trade unions earnestly implemented their strategy of "Organizing for Better Protection," steppedup efforts to regulate industrial relations, effectively defended the legitimate rights and interests of workers. 展开更多
关键词 WORK In EXCERPT Blue Paper on the Role of Chinese Trade Unions in Safeguarding the Legitimate rights and interests of Workers 2004
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On the Lawful Rights and Interests of Mentally Retarded Children——A case study of a rehabilitation center in Liaoning Province
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作者 XIAN KAILIN ,QIAO WEIJU a professor with the School of Marxism of Dongbei University of Finance and Economics and director of the school’s Research Center for Human Rights Theories a postgraduate majoring in politics at the Graduate School of Dongbei University of Finance and Economics 《The Journal of Human Rights》 2012年第4期30-35,共6页
Mentally retarded children are the most disadvan- taged among disabled children. Since the reform and opening up, with sup- port from the Communist Party of China, the government and the public, the legitimate rights ... Mentally retarded children are the most disadvan- taged among disabled children. Since the reform and opening up, with sup- port from the Communist Party of China, the government and the public, the legitimate rights and interests of mentally retarded children have greatly improved. But problems in this respect remain serious, and vari- ous levels of government, relevant departments and the public should attach much importance to these problems. This paper, taking a reha- bilitation center in Liaoning Province for mentally retarded children as a single case, studies the protection of these children's lawful rights and in- terests in a systematic manner. 展开更多
关键词 On the Lawful rights and interests of Mentally Retarded Children A case study of a rehabilitation center in Liaoning Province CASE
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Protect Rights and Interests of the Handicapped
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作者 WANG SHUIXIA & MENG BAOLIN 《The Journal of Human Rights》 2007年第2期23-23,共1页
Yuncheng is a city in the southwestern part of North China's Shanxi Province. It has a handicapped population of 223,000 or 4.5% of the total population of 4.985 million. The city has made big progress in protecting ... Yuncheng is a city in the southwestern part of North China's Shanxi Province. It has a handicapped population of 223,000 or 4.5% of the total population of 4.985 million. The city has made big progress in protecting the rights and interests of handicapped people since the handicapped associations were set up at the city and county levels. 展开更多
关键词 Protect rights and interests of the Handicapped
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Blue Paper on the Role of Chinese Trade Unions in Safeguarding the Legitimate Rights and Interests of Workers (2005)(Excerpt)
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《The Journal of Human Rights》 2006年第6期6-11,共6页
EDITOR'S NOTE: All China Federation of Trade Unions (ACFTU) has recently published Blue Paper on the Role of Chinese Trade Unions in Safeguarding the Legitimate Rights and Interests of Workers (2005), which cons... EDITOR'S NOTE: All China Federation of Trade Unions (ACFTU) has recently published Blue Paper on the Role of Chinese Trade Unions in Safeguarding the Legitimate Rights and Interests of Workers (2005), which consist of 11 parts: preserve the correct orientation of Chinese trade unions as a protector of workers' legitimate rights and interests; protect workers' right to join and form trade union; organize and represent workers to exercise the right to equal consultation; protect workers' labor and economic rights; guarantee workers' democratic and political rights; fulfill workers' spiritual and cultural needs; actively participate in adjusting labor relations and handling labor disputes; protect migrant workers' legitimate rights and interests; promote gender equality and protect women workers' special rights and interests; take innovations in the way trade unions protect workers; and mobilize and organize workers to play the role of the working class as the main force in economic construction, and the following is an abstracted edition of it. 展开更多
关键词 Blue Paper on the Role of Chinese Trade Unions in Safeguarding the Legitimate rights and interests of Workers EXCERPT
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Research on Rights and Interests Protection of the AgriculturalMutual Based on the Circulation of Rural Land Contracted Management Rights
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作者 Ying Zhang 《Journal of Zhouyi Research》 2014年第2期3-4,共2页
关键词 土地承包经营权 农村土地流转 权益保护 权利 基础 农业经济 利益 投资者
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