The International Covenant on Civil and Political Rights reflects the world’s perception of human rights, and is of vital importance in the field of international human rights. The Covenant has been signed by Chinese...The International Covenant on Civil and Political Rights reflects the world’s perception of human rights, and is of vital importance in the field of international human rights. The Covenant has been signed by Chinese government. Although not ratified yet, it will definitely have an impact on the reform of China’s Criminal Law. Therefore, it is necessary to further change our notion of the criminal law system by defining the boundary between public power and civil rights and developing the view of human rights protection. In terms of the specific system, it is necessary to further reduce the number of crimes punishable by the death penalty and limit the application of the death sentence, improve China’s Criminal Procedural Law to protect the fundamental rights of suspects and defendants in terms of compulsory measures, investigation means and judicial form, and add some charges like enslavement and illegal human experimentation, which are criminalized around the world, so as to be in line with the requirements of international human rights protection.展开更多
There has been much discussion in the recent decade on the universality or particularity or relativism or on the relations between the universal values and standard systems and cultural diversity or pluralism. But mos...There has been much discussion in the recent decade on the universality or particularity or relativism or on the relations between the universal values and standard systems and cultural diversity or pluralism. But most of the discussions are concentrated on the abstract or conceptual terms, with few touching upon international human fights standards. This is strange, because the disputes will never end and it is impossible to arrive at any conclusions of value if discussions only focus on the different concepts and systems of different countries or civilizations instead of on what has been universally accepted or at least on the international human rights treaties and the customary international human rights laws that are binding to the great number of state parties.展开更多
国际法层面环境人权的法理沿循"扩权型""程序型""创权型"三种路径演进。环境人权法理的不同演进路径之间有着紧密联系的规范基础。在《公民权利与政治权利国际公约》(ICCPR)框架下,环境人权主要表现为实...国际法层面环境人权的法理沿循"扩权型""程序型""创权型"三种路径演进。环境人权法理的不同演进路径之间有着紧密联系的规范基础。在《公民权利与政治权利国际公约》(ICCPR)框架下,环境人权主要表现为实体及程序人权在环境领域的扩展适用。在环境人权偏重"创权型"的发展过程中,ICCPR发挥的作用相对有限,这主要源于基本人权规范的时代局限及执行机构的保守性。联合国人权事务委员会在2019年Portillo Cáceres et al. v. Paraguay(波蒂略案)来文意见中一改以往对环境人权诉求的回避姿态,确认了环境保护与人权之间不可否认的规范联系,并第一次明确阐述了ICCPR框架下环境人权的法理。该案相对系统地揭示了环境保护与生命权、个人和家庭生活权之间的规范联系,这为ICCPR在环境人权法理演进过程中继续发挥作用奠定了初步基础。展开更多
文摘The International Covenant on Civil and Political Rights reflects the world’s perception of human rights, and is of vital importance in the field of international human rights. The Covenant has been signed by Chinese government. Although not ratified yet, it will definitely have an impact on the reform of China’s Criminal Law. Therefore, it is necessary to further change our notion of the criminal law system by defining the boundary between public power and civil rights and developing the view of human rights protection. In terms of the specific system, it is necessary to further reduce the number of crimes punishable by the death penalty and limit the application of the death sentence, improve China’s Criminal Procedural Law to protect the fundamental rights of suspects and defendants in terms of compulsory measures, investigation means and judicial form, and add some charges like enslavement and illegal human experimentation, which are criminalized around the world, so as to be in line with the requirements of international human rights protection.
文摘There has been much discussion in the recent decade on the universality or particularity or relativism or on the relations between the universal values and standard systems and cultural diversity or pluralism. But most of the discussions are concentrated on the abstract or conceptual terms, with few touching upon international human fights standards. This is strange, because the disputes will never end and it is impossible to arrive at any conclusions of value if discussions only focus on the different concepts and systems of different countries or civilizations instead of on what has been universally accepted or at least on the international human rights treaties and the customary international human rights laws that are binding to the great number of state parties.
文摘国际法层面环境人权的法理沿循"扩权型""程序型""创权型"三种路径演进。环境人权法理的不同演进路径之间有着紧密联系的规范基础。在《公民权利与政治权利国际公约》(ICCPR)框架下,环境人权主要表现为实体及程序人权在环境领域的扩展适用。在环境人权偏重"创权型"的发展过程中,ICCPR发挥的作用相对有限,这主要源于基本人权规范的时代局限及执行机构的保守性。联合国人权事务委员会在2019年Portillo Cáceres et al. v. Paraguay(波蒂略案)来文意见中一改以往对环境人权诉求的回避姿态,确认了环境保护与人权之间不可否认的规范联系,并第一次明确阐述了ICCPR框架下环境人权的法理。该案相对系统地揭示了环境保护与生命权、个人和家庭生活权之间的规范联系,这为ICCPR在环境人权法理演进过程中继续发挥作用奠定了初步基础。
