Inclusive education is the mainstream of developing education for persons with disabilities worldwide.It advocates the recognition and protection of the right of persons with disabilities to receive inclusive educatio...Inclusive education is the mainstream of developing education for persons with disabilities worldwide.It advocates the recognition and protection of the right of persons with disabilities to receive inclusive education in mainstream schools.From the perspective of inclusive education,the educational assistance system for persons with disabilities represents a theoretical innovation in traditional educational support methods,playing a crucial role in integrating persons with disabilities into society,reversing their disadvantaged status,and maintaining educational equity.At present,China's legal system for inclusive education assistance for persons with disabilities needs improvement,and faces several obstacles,including conceptual“limited capacity”,“monotonous”subjects,“crowding-out”obstacles and supervision“absence”obstacles.It is urgent to begin with the transformation of the rule of law concept,clarify the legal positioning of multiple responsibility subjects,achieve mutual reinforcement of education law and education aid legislation,establish a supervision system for inclusive education assistance,and improve the legal framework for educational assistance for persons with disabilities.This will ensure that persons with disabilities can successfully realize their right to education,share in the benefits of social development,and ultimately contribute to achieving common prosperity.展开更多
As China’s overseas investment and business operations continue to expand,the issue of human rights risks faced by Chinese transnational corporations abroad has attracted sustained attention from society.In recent ye...As China’s overseas investment and business operations continue to expand,the issue of human rights risks faced by Chinese transnational corporations abroad has attracted sustained attention from society.In recent years,China has enacted a series of laws,regulations,and policies to better regulate the overseas business conduct of transnational corporations,urging them to respect the human rights of the people in host countries and fulfill their social responsibilities to achieve sustainable development.Meanwhile,China has actively participated in the formulation of the Legally Binding Instrument on Activities of Transnational Corporations and Other Business Enterprises in International Human Rights Law,providing a Chinese solution to promote global governance of transnational corporations.However,in practice,the lack of institutional mechanisms,systems,and industry rules to supervise and guide transnational enterprises in fulfilling their human rights responsibilities,as well as the limited awareness of human rights risks among these enterprises,have resulted in ongoing human rights risks in their overseas business operations,particularly regarding labor rights and environmental rights.In response,China should take its national conditions into consideration and focus on the development trends of human rights issues in the business sector at the international level.Drawing on the experiences of other countries,China should explore and establish institutional and practical measures to regulate the human rights responsibilities of transnational enterprises through legislation,administration,and judiciary actions,in order to address the risks and challenges faced by Chinese enterprises in foreign investments and contribute to the sustainable development of the world and global human rights governance.展开更多
The right to health is an important right in the human rights system.The full realization of the right to health is particularly important for ensuring the dignity and senior years of older women.In the process of Ch...The right to health is an important right in the human rights system.The full realization of the right to health is particularly important for ensuring the dignity and senior years of older women.In the process of China’s economic and social development,the protection of the right to health of older women faces certain dilemma.China has the duty and responsibility to respect,protect and realize the right to health of older women.The country should actively fulfill its obligations and make continuous efforts to improve the protection of the right to health of older women through various practical channels and effective methods.展开更多
The extraterritorial application of international human rights conventions is the legal basis for states to regulate the extraterritorial human rights obligations of transnational corporations.In recent years,it has b...The extraterritorial application of international human rights conventions is the legal basis for states to regulate the extraterritorial human rights obligations of transnational corporations.In recent years,it has been increasingly challenged by the new trend of the United Nations governing the human rights responsibilities of transnational corporations.A study of existing international rules and practices shows that the extraterritorial application of international human rights conventions depends on the extraterritorial jurisdiction of the States Parties,which mainly includes the actual control over extraterritorial territories and individuals as well as the execution of authority outside the territories.In view of the above,if human rights violations by individuals or transnational corporations occur in areas outside their home territories or are authorized and orchestrated by the home state,the home state shall bear the corresponding human rights responsibilities.Given the restrictive scope of the abovementioned extraterritorial application of international human rights conventions,the international cooperation obligation and the"do no harm"principle may become a new legal basis for states to fulfill their extraterritorial human rights obligations in the future,thereby expanding the basis for the extraterritorial application of international human rights conventions to deal with more serious issues of human rights violations by transnational corporations.However,on the whole,the current identification and codification of states regulating the extraterritorial human rights obligations of transnational corporations should respect the existing rules of international human rights law and should not add any new human rights obligations on states.展开更多
There is uncertainty in the electricity price of spot electricity market,which makes load aggregators undertake price risks for their agent users.In order to allow load aggregators to reduce the spot market price risk...There is uncertainty in the electricity price of spot electricity market,which makes load aggregators undertake price risks for their agent users.In order to allow load aggregators to reduce the spot market price risk,scholars have proposed many solutions,such as improving the declaration decision-making model,signing power mutual insurance contracts,and adding energy storage and mobilizing demand-side resources to respond.In terms of demand side,calling flexible demand-side resources can be considered as a key solution.The user’s power consumption rights(PCRs)are core contents of the demand-side resources.However,there have been few studies on the pricing of PCR contracts and transaction decisions to solve the problem of price forecast deviation and to manage the uncertainty of spot market prices.In addition,in traditional PCR contracts,PCRs are mostly priced using a single price mechanism,that is,the power user is compensated for part of the electricity that was interrupted or reduced in power supply.However,some power users might engage in speculative behaviours under this mechanism.Further,for load aggregators,their price risk avoidance ability has not substantially improved.As a financial derivative,options can solve the above problems.In this article,firstly,the option method is used to build an option pricing optimization model for power consumption right contracts that can calculate the optimal option premium and strike price of option contracts of power consumption rights.Secondly,from the perspective of power users and load aggregators,a simulation model of power consumption right transaction decision-making is constructed.The results of calculation examples show that(1)Under the model in this article,the pricing of option contracts for power consumption rights with better risk aversion capabilities than traditional compensation contracts can be obtained.(2)The decision to sell or purchase the power consumption rights will converge at respective highvalue periods,and option contracts will expedite the process.(3)Option contracts can significantly reduce the loss caused by the uncertainty of spot electricity prices for load aggregators without reducing users’willingness to sell power consumption rights.展开更多
The right to development is pluralistic with respect to the subjects of rights,type and parties bearing relevant responsibilities.The diverse claims made by the subjects of the pluralistic nature of the right to devel...The right to development is pluralistic with respect to the subjects of rights,type and parties bearing relevant responsibilities.The diverse claims made by the subjects of the pluralistic nature of the right to development need to be deeply safeguarded in Chinese socioeconomic development.The right to development integrates the rights of both the collective and the individual,combines economic,political,cultural,social and environmental rights,and fuses the needs of right to development in varying degrees.The right to development is core to the system of human rights discourse in China.The right to development requires that the concept of"human development"be fully incorporated into the development process,and that the responsibilities for safeguarding rights be shouldered by multiple entities through various ways.展开更多
With the adoption of the"Legally Binding Instrument to Regulate,in International Human Rights Law,the Activities of Transnational Corporations and other Business Enterprises"and its revised draft,the codific...With the adoption of the"Legally Binding Instrument to Regulate,in International Human Rights Law,the Activities of Transnational Corporations and other Business Enterprises"and its revised draft,the codification of the human rights responsibilities of transnational corporations has entered a new era The instrument aims to supplement the shortcomings of transnational corporations in fulfilling their human rights responsibilities by strengthening the obligations of states and to improve the host country’s inadequate remedies for human rights violations by establishing extraterritorial human rights jurisdiction of home countries But the instrument has encountered various challenges because the human rights obligations and legal responsibilities of states go beyond the current domestic human rights systems and impact the existing theories and practices of international human rights law In order to resolve the differences among countries,the future codification of the instrument should be based on existing domestic and international legal systems and practices striking a balance between the interests of developing and developed countries,taking into account the objectives of both the fair treatment of transnational corporations and human rights protection,to promote the regulatory effect of the human rights responsibilities of transnational corporations.展开更多
The COVID-19 pandemic is the largest ever infectious disease facing mankind.It challenges national governance capabilities and international patterns.On June 8,2021,the“2021 China-Europe Seminar on Human Rights”was ...The COVID-19 pandemic is the largest ever infectious disease facing mankind.It challenges national governance capabilities and international patterns.On June 8,2021,the“2021 China-Europe Seminar on Human Rights”was held in Chongqing,China.Its theme was“COVID-19 Pandemic and the Protection of the Right to Life and Health,”which focused on five topics:the impact of the COVID-19 pandemic on the protection of the rights to life and health,the response of countries against the pandemic,the protection of the right to life and health of specific groups during the pandemic response,the national responsibility for the protection of the right to life and health in the public health crisis,and global cooperation in the prevention and control of the COVID-19 pandemic.The conference reached two consensuses:First,in the face of the pandemic,countries must take responsibility for the people and protect the people’s right to life and health;second,an effective international mechanism for fighting the COVID-19 pandemic must be established as soon as possible.展开更多
In order to study the applicability of different light response models to the photoresponse curves of four species of Chamaenerion, four species of Chamaenerion collected from Serzilla were used as test materials. Fou...In order to study the applicability of different light response models to the photoresponse curves of four species of Chamaenerion, four species of Chamaenerion collected from Serzilla were used as test materials. Four common photosynthetic models were used to fit the photosynthetic response curve of the leaves. The results show that: 1) The effect of different photosynthetic response models on photosynthetic response curve of the genus chromasia was different. The fitted value of the correction model of right angled hyperbola was closest to the measured value, the R2 was 0.998, and RE was 0.216. 2) In terms of fitting the photosynthetic parameters, the initial quantum efficiency, light compensation point and dark respiration rate were suitable for fitting with non-right angle hyperbolic model. In terms of fitting the photosynthetic parameters, the initial quantum efficiency, light compensation point and dark respiration rate were suitable for fitting with non-right angle hyperbolic model. 3) The photosynthetic characteristics of C. angustifolium subsp. circumvagum reflect the negative response to high altitude radiation. Under strong radiation, the photosynthetic rate, apparent quantum efficiency, and light saturation point are low. On the other hand, C. conspersum has a positive response to high altitude radiation. C. angustifolium and C. latifolium has a higher light compensation point and higher light saturation point, but it is also positive for high altitude radiation. The response is only a choice of light intensity at different elevations, which also explains the distribution of C. angustifolium and C. latifolium in the salmonella with a single elevation, habitat, and slope.展开更多
The inexplicit efficiency of environmental property rights lies in its fuzziness. Based on the character of environmental property rights discussed, unit environment shows intra relationship between efficiency and dut...The inexplicit efficiency of environmental property rights lies in its fuzziness. Based on the character of environmental property rights discussed, unit environment shows intra relationship between efficiency and duty of environmental property rights, and constructs a symmetrical system arrangement. Through analyzing the possibility and feasibility of unit environmental property rights, the significance of symmetrical system arrangement to avoid the inexplicit efficiency of environmental property rights is discussed in this dissertation from the aspect of the validity of offering and implementing system.展开更多
On July 22, 2014, the second group of national human rights education and train- ing bases was announced,increasing the number of national bases from the previous three to a total of eight, which reflects the advancem...On July 22, 2014, the second group of national human rights education and train- ing bases was announced,increasing the number of national bases from the previous three to a total of eight, which reflects the advancement of human rights education and ~aining in China and has far-reaching significance.展开更多
基金Phased result of“Research on the Legal Mechanism for Realizing Active Employment in the Social Assistance Law”,a general project of the National Social Science Fund of China(21BFX127)。
文摘Inclusive education is the mainstream of developing education for persons with disabilities worldwide.It advocates the recognition and protection of the right of persons with disabilities to receive inclusive education in mainstream schools.From the perspective of inclusive education,the educational assistance system for persons with disabilities represents a theoretical innovation in traditional educational support methods,playing a crucial role in integrating persons with disabilities into society,reversing their disadvantaged status,and maintaining educational equity.At present,China's legal system for inclusive education assistance for persons with disabilities needs improvement,and faces several obstacles,including conceptual“limited capacity”,“monotonous”subjects,“crowding-out”obstacles and supervision“absence”obstacles.It is urgent to begin with the transformation of the rule of law concept,clarify the legal positioning of multiple responsibility subjects,achieve mutual reinforcement of education law and education aid legislation,establish a supervision system for inclusive education assistance,and improve the legal framework for educational assistance for persons with disabilities.This will ensure that persons with disabilities can successfully realize their right to education,share in the benefits of social development,and ultimately contribute to achieving common prosperity.
基金a phased result of the Project“China’s Regulation on the Extraterritorial Human Rights Responsibilities of Transnational Corporations”undertaken by China Society for Human Rights Studies(Project No.CSHRS2020-25YB)。
文摘As China’s overseas investment and business operations continue to expand,the issue of human rights risks faced by Chinese transnational corporations abroad has attracted sustained attention from society.In recent years,China has enacted a series of laws,regulations,and policies to better regulate the overseas business conduct of transnational corporations,urging them to respect the human rights of the people in host countries and fulfill their social responsibilities to achieve sustainable development.Meanwhile,China has actively participated in the formulation of the Legally Binding Instrument on Activities of Transnational Corporations and Other Business Enterprises in International Human Rights Law,providing a Chinese solution to promote global governance of transnational corporations.However,in practice,the lack of institutional mechanisms,systems,and industry rules to supervise and guide transnational enterprises in fulfilling their human rights responsibilities,as well as the limited awareness of human rights risks among these enterprises,have resulted in ongoing human rights risks in their overseas business operations,particularly regarding labor rights and environmental rights.In response,China should take its national conditions into consideration and focus on the development trends of human rights issues in the business sector at the international level.Drawing on the experiences of other countries,China should explore and establish institutional and practical measures to regulate the human rights responsibilities of transnational enterprises through legislation,administration,and judiciary actions,in order to address the risks and challenges faced by Chinese enterprises in foreign investments and contribute to the sustainable development of the world and global human rights governance.
基金a phased achievement of“Study on the Protection of Women’s Health Rights under the Perspective of Human Rights”,Provincial Philosophy and Social Science Fund Project of the Jiangsu Provincial Department of Education in 2017(Project No.2017SJB0321).
文摘The right to health is an important right in the human rights system.The full realization of the right to health is particularly important for ensuring the dignity and senior years of older women.In the process of China’s economic and social development,the protection of the right to health of older women faces certain dilemma.China has the duty and responsibility to respect,protect and realize the right to health of older women.The country should actively fulfill its obligations and make continuous efforts to improve the protection of the right to health of older women through various practical channels and effective methods.
基金the phased achievement of the CSHRS(China Society for Human Rights Studies)project“Human Rights Obligations of States Regulating the Extraterritorial Human Rights Obligations of Transnational Corporations”(CSHRS2020-25YB)
文摘The extraterritorial application of international human rights conventions is the legal basis for states to regulate the extraterritorial human rights obligations of transnational corporations.In recent years,it has been increasingly challenged by the new trend of the United Nations governing the human rights responsibilities of transnational corporations.A study of existing international rules and practices shows that the extraterritorial application of international human rights conventions depends on the extraterritorial jurisdiction of the States Parties,which mainly includes the actual control over extraterritorial territories and individuals as well as the execution of authority outside the territories.In view of the above,if human rights violations by individuals or transnational corporations occur in areas outside their home territories or are authorized and orchestrated by the home state,the home state shall bear the corresponding human rights responsibilities.Given the restrictive scope of the abovementioned extraterritorial application of international human rights conventions,the international cooperation obligation and the"do no harm"principle may become a new legal basis for states to fulfill their extraterritorial human rights obligations in the future,thereby expanding the basis for the extraterritorial application of international human rights conventions to deal with more serious issues of human rights violations by transnational corporations.However,on the whole,the current identification and codification of states regulating the extraterritorial human rights obligations of transnational corporations should respect the existing rules of international human rights law and should not add any new human rights obligations on states.
基金This research was funded by the National Natural Science Foundation of China,China(Grant No.72174062)the 2018 Key Projects of Philosophy and Social Sciences Research,Ministry of Education,China(Grant No.18JZD032).The completion of this articlewas accomplished with the help of many teachers and classmates.We sincerely thank them for their help and guidance.
文摘There is uncertainty in the electricity price of spot electricity market,which makes load aggregators undertake price risks for their agent users.In order to allow load aggregators to reduce the spot market price risk,scholars have proposed many solutions,such as improving the declaration decision-making model,signing power mutual insurance contracts,and adding energy storage and mobilizing demand-side resources to respond.In terms of demand side,calling flexible demand-side resources can be considered as a key solution.The user’s power consumption rights(PCRs)are core contents of the demand-side resources.However,there have been few studies on the pricing of PCR contracts and transaction decisions to solve the problem of price forecast deviation and to manage the uncertainty of spot market prices.In addition,in traditional PCR contracts,PCRs are mostly priced using a single price mechanism,that is,the power user is compensated for part of the electricity that was interrupted or reduced in power supply.However,some power users might engage in speculative behaviours under this mechanism.Further,for load aggregators,their price risk avoidance ability has not substantially improved.As a financial derivative,options can solve the above problems.In this article,firstly,the option method is used to build an option pricing optimization model for power consumption right contracts that can calculate the optimal option premium and strike price of option contracts of power consumption rights.Secondly,from the perspective of power users and load aggregators,a simulation model of power consumption right transaction decision-making is constructed.The results of calculation examples show that(1)Under the model in this article,the pricing of option contracts for power consumption rights with better risk aversion capabilities than traditional compensation contracts can be obtained.(2)The decision to sell or purchase the power consumption rights will converge at respective highvalue periods,and option contracts will expedite the process.(3)Option contracts can significantly reduce the loss caused by the uncertainty of spot electricity prices for load aggregators without reducing users’willingness to sell power consumption rights.
基金the phased achievement of the 2019 Nankai University Human Rights Research Center Project“Human Rights Responsibility Mechanism in the Context of Public Governance”the 2019 Central University Basic Scientific Research Business Fee Project(63192701).
文摘The right to development is pluralistic with respect to the subjects of rights,type and parties bearing relevant responsibilities.The diverse claims made by the subjects of the pluralistic nature of the right to development need to be deeply safeguarded in Chinese socioeconomic development.The right to development integrates the rights of both the collective and the individual,combines economic,political,cultural,social and environmental rights,and fuses the needs of right to development in varying degrees.The right to development is core to the system of human rights discourse in China.The right to development requires that the concept of"human development"be fully incorporated into the development process,and that the responsibilities for safeguarding rights be shouldered by multiple entities through various ways.
基金a phasic research result of the project“Human Rights Obligations of States to Regulate Extraterritorial Acts of Domestic Transnational Corporations(CSHIRS2020-25YB)”of the China Society for Human Rights Studies.
文摘With the adoption of the"Legally Binding Instrument to Regulate,in International Human Rights Law,the Activities of Transnational Corporations and other Business Enterprises"and its revised draft,the codification of the human rights responsibilities of transnational corporations has entered a new era The instrument aims to supplement the shortcomings of transnational corporations in fulfilling their human rights responsibilities by strengthening the obligations of states and to improve the host country’s inadequate remedies for human rights violations by establishing extraterritorial human rights jurisdiction of home countries But the instrument has encountered various challenges because the human rights obligations and legal responsibilities of states go beyond the current domestic human rights systems and impact the existing theories and practices of international human rights law In order to resolve the differences among countries,the future codification of the instrument should be based on existing domestic and international legal systems and practices striking a balance between the interests of developing and developed countries,taking into account the objectives of both the fair treatment of transnational corporations and human rights protection,to promote the regulatory effect of the human rights responsibilities of transnational corporations.
文摘The COVID-19 pandemic is the largest ever infectious disease facing mankind.It challenges national governance capabilities and international patterns.On June 8,2021,the“2021 China-Europe Seminar on Human Rights”was held in Chongqing,China.Its theme was“COVID-19 Pandemic and the Protection of the Right to Life and Health,”which focused on five topics:the impact of the COVID-19 pandemic on the protection of the rights to life and health,the response of countries against the pandemic,the protection of the right to life and health of specific groups during the pandemic response,the national responsibility for the protection of the right to life and health in the public health crisis,and global cooperation in the prevention and control of the COVID-19 pandemic.The conference reached two consensuses:First,in the face of the pandemic,countries must take responsibility for the people and protect the people’s right to life and health;second,an effective international mechanism for fighting the COVID-19 pandemic must be established as soon as possible.
文摘In order to study the applicability of different light response models to the photoresponse curves of four species of Chamaenerion, four species of Chamaenerion collected from Serzilla were used as test materials. Four common photosynthetic models were used to fit the photosynthetic response curve of the leaves. The results show that: 1) The effect of different photosynthetic response models on photosynthetic response curve of the genus chromasia was different. The fitted value of the correction model of right angled hyperbola was closest to the measured value, the R2 was 0.998, and RE was 0.216. 2) In terms of fitting the photosynthetic parameters, the initial quantum efficiency, light compensation point and dark respiration rate were suitable for fitting with non-right angle hyperbolic model. In terms of fitting the photosynthetic parameters, the initial quantum efficiency, light compensation point and dark respiration rate were suitable for fitting with non-right angle hyperbolic model. 3) The photosynthetic characteristics of C. angustifolium subsp. circumvagum reflect the negative response to high altitude radiation. Under strong radiation, the photosynthetic rate, apparent quantum efficiency, and light saturation point are low. On the other hand, C. conspersum has a positive response to high altitude radiation. C. angustifolium and C. latifolium has a higher light compensation point and higher light saturation point, but it is also positive for high altitude radiation. The response is only a choice of light intensity at different elevations, which also explains the distribution of C. angustifolium and C. latifolium in the salmonella with a single elevation, habitat, and slope.
文摘The inexplicit efficiency of environmental property rights lies in its fuzziness. Based on the character of environmental property rights discussed, unit environment shows intra relationship between efficiency and duty of environmental property rights, and constructs a symmetrical system arrangement. Through analyzing the possibility and feasibility of unit environmental property rights, the significance of symmetrical system arrangement to avoid the inexplicit efficiency of environmental property rights is discussed in this dissertation from the aspect of the validity of offering and implementing system.
文摘On July 22, 2014, the second group of national human rights education and train- ing bases was announced,increasing the number of national bases from the previous three to a total of eight, which reflects the advancement of human rights education and ~aining in China and has far-reaching significance.