Human Rights Protection in the Context of Ruling the Country by Law

At a conference in Beijing on December 4, 2012 marking the 30th anni- versary of the adoption of the current Constitution, General Secretary of the CPC Central Committee Xi Jinping pointed out, ＂To fully implement the Constitution is the primary task and the basic work in building a socialist nation ruled by law.＂ He also said, ＂A country ruled by law should be first ruled by the Constitution, and lawful governance should be based on the Constitution.＂

Digital Development Rights in Developing Countries:Where the Governance Rules for Cross-Border Data Flows

The digital development rights in developing countries are based on establishing a new international economic order and ensuring equal participation in the digital globalization process to achieve people's well-rounded development in the digital society.The relationship between cross-border data flows and the realization of digital development rights in developing countries is quite complex.Currently,developing countries seek to safeguard their existing digital interests through unilateral regulation to protect data sovereignty and multilateral regulation for cross-border data cooperation.However,developing countries still have to face internal conflicts between national digital development rights and individual and corporate digital development rights during the process of realizing digital development rights.They also encounter external contradictions such as developed countries interfering with developing countries'data sovereignty,developed countries squeezing the policy space of developing countries through dominant rules,and developing countries having conflicts between domestic and international rules.This article argues that balancing openness and security on digital trade platforms is the optimal solution for developing countries to realize their digital development rights.The establishment of WTO digital trade rules should inherently reflect the fundamental demands of developing countries in cross-border data flows.At the same time,given China's dual role as a digital powerhouse and a developing country,it should actively promote the realization of digital development rights in developing countries.

A Study of Xi Jinping Thought on Governing the Country Based on the Unity of “Party Spirit-People’s Nature”

The unity of “party spirit-people’s nature” is the basic proposition of Xi Jinping’s governance.Deng Xiaoping summarized the experience and lessons in the early days of reform and opening up,and put forward the basic line of the “leadership and unity” of the party in the early stage of socialism around “one center,two basic points”;Xi Jinping’s so-called “unification”,which is based on the the basic line of Deng Xiaoping’s initial stage of building a socialist country that is “rich,strong,democratic,civilized,harmonious and beautiful”,has further established the importance of “people as the center” and “party’s leadership”.Therefore,the “people-centered” and “the party’s overall leadership” are unified and become the basic idea of General Secretary Xi Jinping’s governance of the country.Xi Jinping has put forward the unity of “party spirit-people’s nature”,the “consistency” between governing the country and politics,and the “integration” between the people’s interests and the party’s leadership,thus forming “persistence”,“comprehensive”,“confidence”,“maintenance” and other assertions.

An appraisal of the regulatory policies governing the use of herbal traditional medicine

The regulation of herbal traditional medicine(HTM)is of much importance as it ensures the safety,quality and efficacy thereof.However,there are variations in the regulation of HTM worldwide with some countries being more supportive of HTM than others.This literature review aimed to evaluate and compare the regulatory policies governing the use of HTM in developed and developing countries as well as to determine the regulatory challenges faced by regulatory authorities and governments across the world.The countries investigated in this study were Germany,the United States of America,Japan,South Africa,China and India.Variations were evident between countries,however,Germany and Japan were found to be more advanced with regards to the regulation of HTM.Germany and Japan had stricter regulatory policies and lesser safety concerns.South Africa and the United States of America appear to have inadequate or ineffective HTM regulatory systems which was seen by the countries’limited or lack of regulations and additional safety concerns.The findings showed the difference in HTM regulation between developed and developing countries were not as large as could be expected.The United States of America(developed country)was found to have poor HTM regulations,while China and India(developing countries)were found to have thorough regulations.The findings also show that both developed and developing countries continue to face challenges with regards to establishing regulations and registration procedures for HTM.

The Three Pillars of Sustainability Framework: Approaches for Laws and Governance

The three pillars of sustainability framework is a multidisciplinary implementation and solutions oriented approach that recognizes most successful and scalable sustainability solutions require the presence of, and are driven by, all three pillars simultaneously: 1) technology and innovation;2) laws and governance;and 3) economics and financial incentives. The three pillars framework is strategic because it often reveals or describes specific and feasible changes that advance sustainability solutions within markets and institutional settings. The section on technology discusses the crucial role that technology plays in creating new ways for doing more in our rapidly urbanizing communities by using less resources and energy inputs. The section on economics discusses problems with current conceptions of economic welfare that measure growth (flow) rather than the asset base (wealth), and explores possibilities for integrated and multidisciplinary analysis for coupled economic and social systems. The section on laws and governance considers the role of legal frameworks related to incentives, regulatory baselines, and in public policy formation, including influences and feedback effects from social norms, changing culture, and sustainability education. Technological development and engaging economic markets are at the center of our best and most rapidly deployable sustainability solutions. In that context, a specific focus is given throughout the discussion sections to the key role of laws and governance in supporting relevant, effective, and sustainable technological and economic development, as well as to highlight the crucial (often final) steps the law plays in successfully implementing new sustainability projects. As the discussions and examples (taken from Asia, the US, and Europe) demonstrate, the three pillars framework is flexible and useful in a number of contexts, as a solutions template, as an integrated planning approach, as a decision making guide, and for determining project priorities.

Order of Precedence Between Local Laws of Cities with Subordinate Districts and Regulations of Provincial Governments Clarifying Premises for Discussion Based on the Characteristics of Laws

The lack of descriptions regarding the order of precedence between the local laws of cities with subordinate districts and the regulations of provincial governments in Legislation Law of the People's Republic of China(Legislation Law) has led to two divergent views. One holds that "the local laws of cities with subordinate districts should take precedence over the regulations of provincial governments," while the other supports the exact opposite. This is a value judgment issue in legislation. To reach a solution, we need to clarify the premises based on the characteristics of the laws in question so that a basic common ground can be established for discussion. The first premise for traditional legislation is that a law should be based on experience as well as logic; the second is that the experience of authority subjects, plus the three aspects of logic should outweigh the experience of social subjects, plus the three aspects of logic. With respect to postmodern legislation, the first premise is that experience should override logic, and the second is that the experience of the authority subject should take precedence over that of social subject, with no requirements for logical consistency. Since Legislation Law fal s into the category of postmodern legislation, according to the premises, the argument that the local laws of cities with subordinate districts should take precedence enjoys wider acceptance, but the view is logically challenged in terms of conceptual consistency, system consistency and principle consistency. More studies must be conducted to facilitate the discussion.

Revisiting the Spirit of the UDHR and Discussing Human Rights Development——Summary of Views from the Seminar Commemorating the 75th Anniversary of the Universal Declaration of Human Rights

On December 4,2023,the China Society for Human Rights Studies hosted a seminar in Beijing commemorating the 75^(th) Anniversary of the Universal Declaration of Human Rights.Participants discussed topics such as the significance of the Universal Declaration of Human Rights,China’s theories and practices in respecting and safeguarding human rights,the three global initiatives and global human rights governance,human rights protection in the digital age,and telling Chinese stories of human rights in the new era.The discussions led to a broad consensus and achieved positive results.

On the Duty of the Government to Safeguard the Right to Water

The right to water is an emerging sort of human rights aiming to protect the right to water indispensable for the survival and development of individuals. From the perspective of International Human Rights Law, the paper analyzes the standards stipulating the international obligations to safeguard the right to water, inspects the state quo of the protection of the right to water in China and demonstrates the lawful suggestions to safeguard the right to water.

New Law Governs TCM

AN elderly lady recently caused a major uproar across China. Liu Hongbin, a self-proclaimed traditional Chinese medicine （TCM） expert, was regularly seen on various television advertisements for medicine products. On Tibet TV. she claimed to have inherited knowledge of traditional medicine practiced by the Miao ethnic minority group, professing to be an expert in curing coughs and asthma,

生成式AI的融贯性法律治理——以生成式预训练模型(GPT)为例

随着大规模数据和算式的增长,以及算法的不断优化。围绕生成式AI的前景,存在着支持、反对、中立等不同态度,这些态度背后隐含着认知根源、经济考量和权利思考。立足于法律3.0的融贯性治理注重国家法律、行政规制和技术方案之间的融贯,为治理生成式AI提供了思路和方向。融贯性治理中的“融贯”,既是规范性融贯,强调法律规范的内在一致性和统一性,也是整体性融贯,强调将技术方案融入规范,进而使得技术方案与不同层级规范和引领这些规范的原则与价值得以融贯。在面对以GPT为代表的生成式AI时,可以尝试将AI和区块链作为技术方案对其进行治理,也可以通过自我规制和外在约束培育建设“有道德的”AI,还可以通过“市场+规则”助力生成式AI的发展。生成式AI所涉及的法律问题在现有的法律体系框架内基本能得到有效应对,对于它带来的现实、急迫且法律没有明确规定的问题,可以进行融贯性治理。

Key global climate governance problems and Chinese countermeasures

Presently,the full implementation of the negotiations and collaborations under the Paris Agreement faces new key problems and severe challenges.These problems and challenges include the following:how to honor the principle of“common but differentiated responsibilities”to facilitate a comprehensive,balanced,and effective implementation of the key elements of the Paris Agreement,such as adaptation,mitigation,finance,technology,capacity building,and transparency;how to uphold and maintain the status of China and other emerging countries as developing countries in light of the requirements of the United Nations Framework Convention on Climate Change and the historical responsibilities of these countries;and how to assess the goal of limiting the global temperature increase to 1.5℃and what constitutes an equitable carbon mitigation pathway for different types of countries.Developed countries and developing countries have drastically diverging views on carbon border adjustment measures for trade with developing countries proposed by several developed countries such as the European Union.Developed countries have demonstrated obvious intentions and actions designed to weaken and neglect the principle of“common but differentiated responsibilities”,to impose mitigation pressure on developing countries,to shift the responsibilities for emissions onto others,and to pass on the costs of mitigation.The maneuvering among different types of countries and interest groups has become increasingly intense.In response,China must maintain its strategic focus,adhere to the goals and principles established by the Paris Agreement,stick to its strategic positioning as a developing country,solidify strategic support from the developing world,and safeguard the legitimate rights and interests of developing countries.China played a conducive role in facilitating the Paris Agreement and has become an active participant,contributor,and leader in global climate governance.China must continue to follow Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era and its conception of ecological civilization and the concept of building a community of common destiny,to actively lead the cooperation process in the construction of a global climate governance system characterized by equity,justice,and win-win collaborations,and to promote compliance with the Paris Agreement.At the same time,China should accelerate the green,low-carbon,circular transformation of its economy;accelerate the coordinated governance of the economy,environment,and climate change;and formulate and implement a long-term low-carbon development strategy.By the middle of the 21st century,while achieving the goal of building a great modern socialist country,China can also achieve a deep decarbonization development path that is in line with the goal of limiting the global temperature increase to well below 2°C and pursuing efforts to limit the increase to 1.5℃.

数字政府治理中的类ChatGPT模型研究

类ChatGPT模型将以其拟人性、交互性、多模态等技术优势来重塑数字政府治理格局。类ChatGPT模型能够辅助数字政府治理结构的优化升级,从宏观上构成数字政府实现的逻辑起因,微观上成为数字政府递进的关键要素,动态上成就数字政府沟通的现实具象化。但是,在类ChatGPT模型引入数字政府治理的过程中,极易因算法权力扩张和技术资本异化等因素加剧数据主权风险、资本侵蚀风险以及信息失序风险。为此,应当将法治路径融入数字政府治理过程以有效构建类ChatGPT模型的应用路径,以法律规范规制类ChatGPT模型的应用进路,以数据分级完善类ChatGPT模型的前置保障,以责任分配廓清类ChatGPT模型的权责关系,以合宪运行搭建类ChatGPT模型的法治边界,以期最大限度发挥类ChatGPT模型的技术效能,优化数字政府治理活动。

Global Governance in Cyberspace: Process,Conflict and China’s Proposals

In recent years,problems such as cyber warfares,cyber espionages and cyber crimes have become global public nuisances and always challenge the authority of the sovereign states. Therefore,the governance of the derivative problems concerning the global cyberspace has become an issue of importance in the international law. To overcome these challenges,sovereign states begin to get involved in cyberspace and seek international cooperation,so as to promote the evolution of the international rule of law in cyberspace. Currently,the cyberspace is filled with contradictions and conflicts. The cyber hegemonic states monopolize basic resources for cyberspaces,and their liberalism of double standards is the best tool to maintain their centralized and dominant situations. Moreover,the differences on governance problems between different camps leads to the significant institutional supply shortage. Accordingly,as a responsible power,China should advocate the Chinese solution and wisdom so as to create the reform of global cyberspace governance system. Possible specific measures include clarifying the governance structure of sovereign state-orientation,adhering to the model of shared governance with multilateral approach and multi-party participation.

Forge Ahead with Major-Country Diplomacy with Chinese Features

Since the 18th National Congress of the Communist Party of China, China's diplomacy has progressed toward major achievements in ideological concepts, strategic operations and practical innovation. In its role as responsible major power, China achieved fruitful results in building generally stable major-country relationships for balanced development. It remains actively involved in hotspot issues in its surrounding area, with Korea, India and the South China Sea especially, to defuse tension. Amid a diminished willingness of many countries to participate in serious global problems, and with difficulties facing multilateral regimes, China was proactive, holding multilateral summits and hosting diplomacy platforms to cope with worldwide challenges and to gather international consensus on safeguarding world peace and seeking common development. The 19th Party Congress gained unprecedented international attention. Socialism with Chinese characteristics has taken on a new look, and China's diplomacy will continue progressing toward a favorable external environment for the country's development.

Putting People First and Global Human Rights Governance--A Summary of Academic Viewpoints of“2021 South-South Human Rights Forum”

On December 8, 2021, China’s State Council Information office(SCIo) and Ministry of Foreign Affairs co-hosted the “2021 South-South Human Rights Forum” in Beijing. The forum is themed on “putting people First and Global Human Rights Governance”. Four sub-themes, namely, “Building a Global Community of Health for All and protecting Human Rights”, “Anti-poverty Ffforts and Realization of the Right to Development”, “Multilateralism and Global Human Rights Governance”, and “The Role of Developing Countries in Global Human Rights Governance”, were discussed by delegates from more than 100 countries and international organizations. Within the framework of the theme of the forum, the delegates fully discussed on how to better respect and protect human rights, advance equal cooperation, share development outcomes, seek common and sustainable development, maintain fairness and justice in the international community, and improve the basic experience of the protection of human rights, and so on. As an important platform for the exchanges and cooperation of developing countries in human rights, the South-South Human Rights Forum has effectively promoted mutual understanding, inclusiveness and mutual learning on human rights governance.