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.

Considerations for Restriction on the Right of Rescission in Case of Obviously Minor Breaches

Whether,and how,to rescind the right of one party(the non-breaching party)to rescind a contract in case of an obviously minor breach by the other party(the breaching party)is a recurring topic in the field of contract law.The Minutes of the Ninth Work Conference of the Courts Nationwide on Civil and Commercial Trial(the Minutes of the Ninth Work Conference)stipulates that whether a contract shall be rescinded depends on whether a breach is obviously minor and affects the fulfillment of the contract purposes expected by the non-breaching party.In juridical practice,however,there are no clear criteria to define what constitutes obviously minor breaches,and the factors considered in such cases are often inadequate to allow for a fully considered decision.By analyzing Article 55 of the Judicial Interpretation of the General Provisions of Contracts of the Civil Code of the People’s Republic of China(Draft for Comments)and reviewing the previous juridical practices,we present our conclusions regarding the conditions and factors that should be considered when restricting the right of rescission in cases of obviously minor breaches with a view to unifying the judicial judgment criteria by differentiating the type of breaches.

Minors' Rights:Right to Privacy vs. Right to Know

I. An Overview of the Right of Privacy for Minors and Relevant Obligee＇s Right to Learn Their Privacy The right to privacy has been recognized as an important personal right by China＇s practitioners and theorists of law although it is not an independent part of the Civil Law. In general, the right of privacy refers to the ＂right of the natural person to enjoy tranquility of private life and his or her right not to allow other persons to invade, learn, use, reveal or publish the kind of information relevant to his private life.＂

On China's Protection of Delinquent Minors'Rights

At the end of June 2011, China had 29 reformatories for delinquent minors, where 17,149 convicts aged 18 oryounger were serving their terms. These facilities have persistently followed the policy of ＂combining punishment with redemption, with redemption taken as the main objective＂ as well as a policy that calls for the integration of ＂educa- tion, persuasion and redemption＂ Good results have been achieved thanks to implementation of these policies, es- pecially since the People＇s Republic of China Law on the Protection of Minors was promulgated in September 1991.

Status and Citizenship Rights of Minorities and Coexistence in Islam

the more attention is paid to rights of minorities, the more grounds will be there for peaceful coexistence. This paper will first discuss theoretical and ideological bases of status and citizenship rights of minorities before focusing on ＂citizenship status of minorities＂ and ＂citizenship rights of minorities＂ from the viewpoint of Islam. Islam here means the collection of Quran, Prophet Muhammad＇s （S） Sunnah, and Imam Ali＇s （AS） conduct. The main question of this paper is ＂what status and rights have been considered by Islam for minorities to allow peaceful coexistence in a Muslim society？＂ ＂Minority＂ here includes both religious and non-religious minorities. ＂Rights＂ here means that part of ＂assets,＂ ＂means,＂ ＂political and social leverages,＂ ＂privileges,＂ and ＂conditions＂ which the majority is bound to by law, religious and common sense to provide for minorities. The word ＂status＂ here means to respect, serve, and provide suitable conditions which are provided just out of respect for human values not due to legal compulsion. In this paper, we will first discuss theoretical and ideological fundaments of minorities＇ rights before discussing ＂citizenship status of minorities＂ and ＂citizenship rights of minorities＂ from the viewpoint of Islam. By Islam, we mean Quran as well as Sunnah of Prophet Muhammad （S） and conduct of Imam All （AS）.

Protection of Minority Linguistic Rights from the Perspective of Human Rights

The protection of minority rights and the construction of a multi-ethnic country are two aspects of the same historical process. Language is one of the most prominent characteristics and symbols of an ethnic group. The diversity of languages is also the common wealth of the entire human race. Linguistic rights are an important part of the cultural rights of ethnic minorities. Recognizing and guaranteeing the rights of ethnic minorities to live, study, and work and to enjoy and develop their own culture and language is the significant contents of their rights. The Chinese government has always attached importance to the protection of cultural rights and other rights of ethnic minorities, including language rights. The Constitution of the People’s Republic of China, the National Regional Autonomy Law, and other laws and regulations as well as the National Human Rights Action Plan of China and other policy documents all have relevant provisions, which help to form a harmonious and diverse multi-ethnic development pattern.

The Characteristics and Prospects of China's Assistance to Minority Areas in Realizing the Right to Development

Assisting minority areas to realize the right to development is an important part of Chinese government’s goals of protecting human rights and building a prosperous society. To assist minority areas to realize the right to development, China’s Constitution, laws, administrative regulations and policy documents define the State’s constitutional obligations. There also exists a legal and policy support system to help the minority areas to achieve economic and social development through measures such as transfer payments, assistance to Tibet and Xinjiang and counterpart support for poverty alleviation. However, China is also faced with the difficult challenges of poverty reduction, development, unbalanced regional development and other issues in assisting ethnic minority groups to realize the right to development.

The Right to Work of Chinese Ethnic Minorities:Replies to Concerns and Suggestions of the UN Human Rights Treaty Bodies

The UN Human Rights Treaty Bodies have repeatedly raised concerns about the Chinese government’s fulfillment of its obligations to safeguard the right to work of ethnic minorities, including the insufficiency of materials, the asymmetry of employment conditions between migrating Han and other ethnic groups, as well as so-called pervasive discrimination against non-Han ethnic workers. The UN Human Rights Treaty Bodies raised these concerns based on various facts and the rationality of their suggestions differ. China has replied accordingly. China should continue to reply based on the facts, and it should accept those suggestions that are reasonable and on facts.When addressing suggestions that are not based on facts, we should identify the nature of the problems and eliminate misunderstanding by clarifying the facts and encouraging friendly dialogue.

Evolution of the System to Honor Ethnic Minorities' Rights

What system should a multinational state adopt to resolve ethnic minority problems and ensure the rights of minorities? This is a major problem that has to be settled. There are roughly three options: confederacy, autonomy and power sharing. The former Soviet Union adopted the form of confederacy. That was determined by the fact that during the October Revolution, many ethnic groups were in a state of entire separation and isolation. In his speech in 1989, Chinese leader Deng Xiaoping said: We owe the stable and united situation in the areas inhabited by ethnic minorities to Chairman

Develop China's Great West——A major move to improve human rights of minorities

The Great Western China Development Drive launched by China’s Central Authorities at the turn of the century is not only a strategic move to narrow the development gap between the eastern and western parts of the country an harmonious development of the national economy but also a major move for narrowing the development gap among different ethnic groups and further improving human rights of the people, especially minorities.

Constitutional Nature of Personality Rights and Its Manifestation in Civil Law

The formation of personality comes from people’s choices and pursuit of self-realization,which is influenced by objective factors but not determined by them,so personality does not belong to the domain of objectivity.The concept of general personality rights in the German Constitution was initially premised on the objective determinability in the field of personality,but in constitutional jurisprudence,it gradually shifted to something with individual autonomy as the core and personal self-realization as the goal,and the scope of relevant rights expanded accordingly,so that they could not be clearly distinguished from general freedom of action and thus became the general principle of constitutional rights.The protection of constitutional personality rights in the United States and Japan can also confirm this process,providing evidence for the constitutional nature of personality rights.Deeper research shows that constitutional personality rights actually manifest the highest value of modern constitutions—human dignity.In contrast,the theoretical justification of personality rights in civil law just lies in the objectivity and defensive nature of personality elements.

The Right to Development of Chinese Ethnic Minorities Promoted in Accordance with the Idea of Putting People First

I. The Idea of Putting People First and the Right to Development from the Contemporary Perspective of Human Rights

Macro Characteristics of Human Rights Legal Principles for Ethnic Minorities in New China

In this paper, ethnic minorities refer to the 55 minorities other than the Han ethnic group with- in the borders of the People＇s Republic of China; human rights mean the human rights connotations within the ken of international human rights laws; legal principles mean the principles that all authoritative organizations, legislative organs, administrative departments, judicial organs and other departments should obey.

最有利于未成年人原则的实践基础与制度理性

《中华人民共和国民法典》《中华人民共和国未成年人保护法》一致采用“最有利于(被监护人/未成年子女/被收养人/未成年人)”表达范式,由此整个未成年人法律体系得以确立贯通性的基本原则,即最有利于未成年人原则。该原则同时具有承继国内法治实践和转化国际公约义务两个向度。对解释文件和司法数据的梳理表明,当前该原则的适用主要呈点阵式分布,存在覆盖不足、标准不一、机械援引等问题。对照国际规范体系,厘清儿童最大利益原则的权利要义、制度约束、效力层级和程序保障有助于为我国最有利于未成年人原则的适用注入系统、辩证和自洽的制度理性,进而通过权利本位明晰化、权益认定规范化、个案研判独异化和保护机制协同化,将这一中国特色表达深化为中国特色实践。

未成年人信息权利保障研究:内容、维度与实现路径

文章围绕未成年人信息权利保障,探究未成年人信息权利的内容、维度、制约因素、责任主体及实现路径等问题。基于文献检索及两轮筛选获得211篇中英文文献,采用系统性文献综述方法,对文献内容进行编码与文本分析。研究发现:未成年人被视为整体和细分群体,其信息权利包含信息获取、信息利用、信息安全、信息环境等7项;制约因素体现在政治经济、社会文化、个体生理心理3个方面;保障体系的构建需要政府、公共文化部门、企业、立法司法机关、家庭、学校等多责任主体的参与和协作。

论妨碍探望的民事责任

探望被妨碍的救济问题应纳入债之关系进行处理。增加直接抚养方父母压力不能成为排斥适用债法规范的当然理由。根据双方是否存在探望权行使约定,可相应形成违约损害赔偿责任、法定义务不履行责任与侵权损害赔偿责任等形态。探望权约定作为纯粹身份关系协议具有一定的法律约束力,在不直接损害未成年子女利益的前提下,可根据《中华人民共和国民法典》第464条第2款,参照适用违约责任规范。即使欠缺双方具体约定,双方之间亦存在法定义务,直接抚养方父母不仅有协助间接抚养方父母行使探望权的义务,而且有保护间接抚养方父母相关财产利益的义务。在直接抚养方父母不履行义务时,可经由《中华人民共和国民法典》第468条链接债务不履行责任规范。探望权在对外层面具有绝对权性质,受侵权法保护。无论基于何种责任基础,均应采一般过错归责,无益费用均可纳入损害赔偿范围。

平台视角下未成年人发展权与网络受保护权的平衡进路

信息时代,在兼顾未成年人网络受保护权的同时,保障未成年人的发展权是普及数字红利、推动未成年人社会化的重要举措。《未成年人网络保护条例》充分体现了未成年人发展权与网络受保护权平衡保护的理念,但未成年人“产品化”、未成年人网络产品和服务的单一化和低质化、未成年人网络环境的高风险化、未成年人社会形象的污名化与人格矮化等问题依然突出,平衡保护目标的实现存在诸多阻碍。为实现未成年人网络使用和保护的平衡,关键要牵住平台的“牛鼻子”。平台应秉持最有利于未成年人原则,坚持“内严外宽”的平衡进路,为未成年人营造出宽而不松的网络环境,并遵循普遍保护与特殊保护相结合、限制超量冗余和分级分龄保护的保护思路,构建起未成年人发展权与网络受保护权平衡保护的整体机制。

不起诉权行使的负反馈调节——对不服不起诉申诉案件的反向审视

不起诉权“隐性扩张”后引发不起诉案件数量与不起诉率“双升”,不服不起诉申诉案件数量随之增加。不起诉权运行的合理调试需要进行视角转换,既要关注不起诉决定作出前的法律适用过程以及不起诉率等静态指标,也要关注不起诉决定作出后的运行反馈情况,化解不服不起诉申诉案件引发的社会矛盾。不起诉权合理运行过程需要明晰裁量标准,完善证据审查体系、顺畅运行衔接机制、以释法说理强化当事人诉讼参与程度、运用多元机制化解矛盾纠纷,破除上述障碍才能确保不起诉权合理高效运行。

显著轻微违约的认定问题探析

约定解除权属于当事人意思自治的范畴,为了维护交易稳定和利益平衡,《全国法院民商事审判工作会议纪要》第47条确立了轻微违约下限制约定解除权发生的规则,但对于何为“显著轻微违约”以及限制行使约定解除权后守约方的权益如何保障等问题,则并未作出说明。《关于适用《民法典》合同编通则部分的解释(征求意见稿)》也未对上述问题予以回应。因此有必要探讨“显著轻微违约”的判断标准,建立与限制约定解除权行使规则相配套的制度,完善守约方的权利救济途径,避免造成双方利益失衡。