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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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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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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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Chinese Trade Union's Efforts on Protection of Women Workers'Rights and Interests
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《International Understanding》 2002年第3期28-32,共5页
关键词 Chinese Trade Union’s Efforts on protection of Women Workers’rights and interests
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Revision of Trade Union Law: For Better Protection of Workers' Rights and Interests
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作者 STAFF REPORTER 《The Journal of Human Rights》 2002年第1期13-15,共3页
On October 27, 2001, the Standing Committee of the National People's Congress adopted a decision on revision of the People's Republic of China Trade Union Law. Guan Huai, legal advisor to the All-China Federat... On October 27, 2001, the Standing Committee of the National People's Congress adopted a decision on revision of the People's Republic of China Trade Union Law. Guan Huai, legal advisor to the All-China Federation of Trade Unions, had the following to say in an interview with the Human Rights: 展开更多
关键词 For Better protection of Workers Revision of Trade Union Law rights and interests
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Protection of Women’s Rights and Interests in Macao
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作者 VONG HINFAI 《The Journal of Human Rights》 2012年第5期28-30,共3页
1. Introduction With China's reform and opening up, great achievements have been witnessed by all of us in the protection of human rights, the basic pursuit of which is gen- der equality. Remarkable achievements hav... 1. Introduction With China's reform and opening up, great achievements have been witnessed by all of us in the protection of human rights, the basic pursuit of which is gen- der equality. Remarkable achievements have also been accomplished in the pro- tection of women's rights and interests. It has been 12 years since Macao's mann to its motherland. Over these years, Macao, under the framework of the "Basic Law" has successfully practiced the great concept of "one country, two systems, 展开更多
关键词 protection of Women s rights and interests in Macau
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Chinese and Foreign Experts Advise on the Protection of the Rights and Interests of the Elderly
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作者 ZHANG WEI LI RUOYU GUO XIAOYING 《The Journal of Human Rights》 2013年第1期36-38,共3页
The draft amendment to the law on the protection of the rights and interests of seniors, which was submit-ted on June 26, 2012 to the National People's Congress (NPC) Standing Committee for deliberation aroused hea... The draft amendment to the law on the protection of the rights and interests of seniors, which was submit-ted on June 26, 2012 to the National People's Congress (NPC) Standing Committee for deliberation aroused heated debate in society and also at- tracted public attention to the protection of the rights and interests of elderly people. Entrusted by the NPC, the Human Rights Research Institute at the China University of Political Science and Law and the China Law Center at Yale Law School jointly organized apanel discussion on the rights and inter- ests of elderly people from July 8 to 9, 2012, in Beijing. Representatives from the NPC Committee for Internal and Judicial Affairs, the Legislative Affairs Commission of the NPC Standing Committee, 展开更多
关键词 Chinese and Foreign Experts Advise on the protection of the rights and interests of the Elderly
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Land Expropriation and Constitutional Protection of Farmers' Rights
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作者 YANG Shi-jian 《Asian Agricultural Research》 2012年第6期38-40,44,共4页
One of the reasons for many social tragedies resulted from land expropriation in China is failure of the constitution to bring into play its due functions in standardizing land expropriation power of the government an... One of the reasons for many social tragedies resulted from land expropriation in China is failure of the constitution to bring into play its due functions in standardizing land expropriation power of the government and protecting farmers' rights.In the existing land expropriation system,government is not only a policy maker of land expropriation,but also a "referee" of dispute over land expropriation.Government' land expropriation power and land-expropriated farmers' rights become out of balance.As a result,some local governments do not attach importance to farmers' rights,making land-expropriated farmers dissatisfied and consequently leading to some social tragedies unfavorable for harmony and stability.To fundamentally settle disputes over land expropriation and realize win-win of farmers' right and state interest,it should bring into full play functions of the constitution through protecting farmers' right to participate in land expropriation and establishing constitution evaluation mechanism. 展开更多
关键词 Land expropriation Public interests Just compensation Farmers'rights Constitutional protection
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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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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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Broad-based Network for Protecting the Rights and Interests of Women and Children——A story about the Women's Federation of Qinhuangdao City
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作者 OUR STAFF REPORTER 《The Journal of Human Rights》 2010年第6期28-30,共3页
The room is in utter chaos, with chairs piling up in a comer and the cable TV not connected to the power source. But one thing is put in place: a slogan on the wall "Creating an outstanding WFQ team for the benefit ... The room is in utter chaos, with chairs piling up in a comer and the cable TV not connected to the power source. But one thing is put in place: a slogan on the wall "Creating an outstanding WFQ team for the benefit of all women and children." 展开更多
关键词 WFQ A story about the Women’s Federation of Qinhuangdao City Broad-based Network for Protecting the rights and interests of Women and Children
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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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Chinese Trade Unions Strive to Protect Workers' Rights and Interests in Dealing with the Global Financial Crisis 被引量:1
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作者 JIANG GUANGPING 《The Journal of Human Rights》 2010年第1期29-32,共4页
Protecting the rights and interests of workers and staff members constitutes an important aspect of China's human rights protection. At the time when the country is dealing with impacts of the global financial crisis... Protecting the rights and interests of workers and staff members constitutes an important aspect of China's human rights protection. At the time when the country is dealing with impacts of the global financial crisis, the All-China Federation of Trade Unions has been working fruitfully and effectively to accelerate economic and social development and safeguard the legitimate rights and interests of workers, therefore making contributions to the protection of the rights and interests of Chinese workers. Now I would like to make a brief introduction on this subject. 展开更多
关键词 rights and interests in Dealing with the Global Financial Crisis In Chinese Trade Unions Strive to Protect Workers
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Zhejiang Keen to Protect Migrant Workers' Rights and Interests
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作者 BY SHEN YUBIAO 《The Journal of Human Rights》 2006年第5期13-16,共4页
EDITOR'S NOTE: FoUowing are some of the stories about how migrant workers' rights and interests are protected in Zhejiang, one of the best developed province on the Chinese mainland. Through interviews with more th... EDITOR'S NOTE: FoUowing are some of the stories about how migrant workers' rights and interests are protected in Zhejiang, one of the best developed province on the Chinese mainland. Through interviews with more than 100 migrant workers in the province, we found that migrant workers there enjoy equal treatment as their counterparts registered as urban residents, and that their rights and interests are effectively protected. 展开更多
关键词 MORE Zhejiang Keen to Protect Migrant Workers rights and interests THAN
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China Keen to Protect Women’s Rights, Interests——An interview with Zhao Shaohua, vice-chairwoman of the All-China Women’s Federation
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作者 OUR STAFF REPORTERS 《The Journal of Human Rights》 2008年第4期2-8,共7页
EDITOR'S NOTE: Slated for September 2008, the Tenth National Congress of the Chinese Women will review the achievements the country has made over the past five years in promoting women's rights and interests and fo... EDITOR'S NOTE: Slated for September 2008, the Tenth National Congress of the Chinese Women will review the achievements the country has made over the past five years in promoting women's rights and interests and formulate the targets for the protection endeavor over the next five years. The five years since the Ninth National Congress of the Chinese Women have witnessed a constant improvement in the status of the Chinese women and in their human rights conditions. Following is a transcript of an interview given our staff reporters by Zhao Shaohua, vice-chairperson of the All-China Women's Federation (ACWF) and member of the ACWF Secretariat, on how women's rights and interests are protected in China. 展开更多
关键词 vice-chairwoman of the All-China Women s Federation s rights China Keen to Protect Women interests
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A Judicial Empirical Study on the Principle of “the Best Interests of the Child”——From the Principles of National Conventions to the Building of Adjudication Norms
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作者 王德志 王必行 LIU Haile(译) 《The Journal of Human Rights》 2021年第6期1012-1033,共22页
“The best interests of the child”is an essential principle of the Convention on the Rights of the Child.Due to the abstractness and ambiguity of this principle,its application is inevitably subject to the judge’s p... “The best interests of the child”is an essential principle of the Convention on the Rights of the Child.Due to the abstractness and ambiguity of this principle,its application is inevitably subject to the judge’s personality.Through empirical analysis,we can find that the judicial documents invoking the principle of“the best interests of the child”by Chinese courts show a significant increase in the number of disputes,types of disputes,and pronounced regional characteristics.The application of this principle by the courts is highly consistent with the judicial interpretative documents issued by the Supreme People’s Court.The invocation of this principle plays the role of interpreting the provisions of the law,the value basis for discretion,and the value orientation for shaping new rules in adjudication.At the same time,it is plagued by a lack of guidelines for the application of principles,invocations that serve the will of judges,and imperfect thinking in weighing the various factors involved.The application of this principle should be improved by setting normative standards for the principle of“the best interests of the child”,increasing case guidance for invoking the principle,and enhancing the professionalism of judges. 展开更多
关键词 the principle of“the best interests of the child” The Convention on the rights of the Child the protection of children’s rights the application of justice
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数据资源持有权的法律解释 被引量:6
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作者 于海纯 陈润恺 《科技与法律(中英文)》 2024年第2期21-30,共10页
在大数据和人工智能技术的推动下,数据资源从单纯的信息载体转变为独立的价值来源,开始出现财产属性。但其所具有的非排他性、技术依附性等特征使得传统的信息权益与权利保护范式难以适用。数据资源的价值源于对数据的控制状态,这并非... 在大数据和人工智能技术的推动下,数据资源从单纯的信息载体转变为独立的价值来源,开始出现财产属性。但其所具有的非排他性、技术依附性等特征使得传统的信息权益与权利保护范式难以适用。数据资源的价值源于对数据的控制状态,这并非实体权利。数据资源持有权在法律上应解释为“持有主体合法控制数据资源并免受非法干扰和攻击的利益”。持有利益受侵害所造成的损失属于纯粹经济损失,应采用行为主义保护模式,通过侵权法一般条款进行救济。持有主体则应根据具体数据类型遵守相应的行为标准。此外,个人信息数据的相关规则是基于风险防范的考量,对数据所携带信息采取保护措施,个人信息主体属于数据来源者而非数据资源持有主体。 展开更多
关键词 数据产权 数据资源持有权 利益保护 行为主义
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数据产权刑法保护模式的构建 被引量:2
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作者 刘宪权 陈佩莉 《法治研究》 北大核心 2024年第1期63-73,共11页
数据产权是一种具有财产权属性的新型权利,该权利与虚拟财产权和知识产权具有明显差异。数据产权属于刑法保护的公法益范畴,其应归属于市场经济秩序法益之中。现行刑法有关财产犯罪、知识产权犯罪和数据犯罪的规定均无法实现对数据产权... 数据产权是一种具有财产权属性的新型权利,该权利与虚拟财产权和知识产权具有明显差异。数据产权属于刑法保护的公法益范畴,其应归属于市场经济秩序法益之中。现行刑法有关财产犯罪、知识产权犯罪和数据犯罪的规定均无法实现对数据产权的全面保护。刑法对数据产权的保护应以促进数据流通为主要目标,且应当覆盖数据处理的各流程阶段。对侵犯数据产权行为进行刑法规制时,应对“未经同意”获取数据行为审慎入罪。应增设妨害数据流通管理秩序罪,对“情节严重的”妨害数据流通管理秩序行为予以刑法规制。 展开更多
关键词 数据产权 财产性权利 法益定位 刑法保护缺位 妨害数据流通管理秩序罪
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