Personality rights are basic rights related to human dignity in the concept of human rights protection,and respect for personality rights is the basic prerequisite for safeguarding other human rights.Human rights prot...Personality rights are basic rights related to human dignity in the concept of human rights protection,and respect for personality rights is the basic prerequisite for safeguarding other human rights.Human rights protection exerts a profound impact on the value of legislation and enforcement practices of private international laws in the field of cross-border personality rights infringement in various countries,which is mainly manifested in the integration of substantive justice and the humanistic care concept of protecting the rights of vulnerable groups into formal justice,and expands the development space of human rights protection ideas in cross-border personality rights and tort conflict laws.the diversity of human rights protection values determines that cross-border personality rights infringement may lead to conflicts between personality rights and other basic rights,such as freedom of speech.to reconcile such conflicts,a workable method is to prioritize personality rights protection in accordance with the hierarchy of rights theory in the value judgment of public order reservation or to clarify the limits of the right holder’s tolerance obligation through the limited application of the principle of proportionality.China’s current cross-border personality rights and tort conflict law can optimize the protection of the rights of vulnerable groups by diversifying the options of available legal methods,and establish a balancing mechanism between personality rights and freedom of speech,so as to improve China’s legal protection system for human rights in the field of foreign-related civil and commercial affairs.展开更多
In a statement issued on the 2004 World Human Rights Day, Ms. Louse Arbour, United Nations High Commissioner for Human Rights, described human rights education as a strategy for attainment of "human rights for all,"...In a statement issued on the 2004 World Human Rights Day, Ms. Louse Arbour, United Nations High Commissioner for Human Rights, described human rights education as a strategy for attainment of "human rights for all," as a basic means for developing a universal culture of human rights, as an instrument for promoting equality and involvement of the people in decision-making under democratic mechanisms, and as an investment to prevent infringements upon human fights and to ward off conflicts of violence. It should be noted that so much importance attached by UN human rights organ to human rights education epitomizes the empowering characters of human rights education and the functions it performs in the global human rights system.展开更多
Firstly,conception of farmers' equal material assistance rights is introduced from the aspects of equal rights,material assistance rights,and farmers' equal material assistance rights.Value function of farmers...Firstly,conception of farmers' equal material assistance rights is introduced from the aspects of equal rights,material assistance rights,and farmers' equal material assistance rights.Value function of farmers' equal material assistance rights is pointed out,which can eliminate the partial policies with urban priority orientation.It is a necessary condition for maintaining the legal and institutional authority,as well as an inevitable choice to realize the social justice and harmony.Current status of the law absence of farmers' equal material assistance rights in China is introduced,which is reflected in the lack of theoretical research on farmers' equal material assistance rights in the law circle,the lack of procedural legal system of farmers' equal material assistance rights at present,and the lack of actual law effectiveness of farmers' equal material assistance rights at present.System construction is a turning point to change the law absence of farmers' material assistance rights.Government should promote the economic development,provide material bases for the system construction of farmers' material assistance rights,enhance the legal consciousness of farmers,cultivate the ability of farmers to participate in equal material assistance rights,strengthen the procedural legislation and judicial justice,and ensure the farmers' material assistance rights.展开更多
The ideal model of human rights law studies shall be one that is open and comprehensive. On the basis of normative legal studies, it shall pay more attention to and respond to political, economic, and social developme...The ideal model of human rights law studies shall be one that is open and comprehensive. On the basis of normative legal studies, it shall pay more attention to and respond to political, economic, and social development in a wide range of human rights issues. These studies should attempt to find practical solutions to concrete problems. Human rights law should be a relatively independent legal discipline, and it should be a problem-oriented object of study. Regarding the research methodologies, human rights law could encompass all aspects of legal studies, and go beyond legal them to some extent to encompass the influence of other disciplines.展开更多
Law is the fundamental method of governance and the rule of law symbolizes modern civilization. The socialist rule of law is the rule of law rooted in the Chinese tradition, and designed and led by the Communist Party...Law is the fundamental method of governance and the rule of law symbolizes modern civilization. The socialist rule of law is the rule of law rooted in the Chinese tradition, and designed and led by the Communist Party of China(CPC). It is not only a tool for government, but also a driver of social progress. Meanwhile, the Chinese human rights system is also designed by the CPC. Both concepts—the socialist rule of law and the human rights system——are different from the West in terms of theory, path and systems. Human rights are the fundamental values of and the ultimate goal pursued by the rule of law; and the rule of law is the recognition of and guarantee for human rights. Efforts must be made to advance legislative, administrative and judicial protection of human rights.展开更多
Teaching and research on human rights law are not purely academic, in that after graduation law students are expected to be .judges, prosetutors, lawyers and government officials who, in one way or another, will be ob...Teaching and research on human rights law are not purely academic, in that after graduation law students are expected to be .judges, prosetutors, lawyers and government officials who, in one way or another, will be obliged to respect human rights.展开更多
The symposium on "Comprehensively Advancing Rule of Law and China's Human Rights New Development" was successfully held on April 11,2017 at Southwest University of Political Science and Law The symposium...The symposium on "Comprehensively Advancing Rule of Law and China's Human Rights New Development" was successfully held on April 11,2017 at Southwest University of Political Science and Law The symposium was organized by the China Society for Human Rights Studies and hosted by the Institute of Human Rights at Southwest University of Political Science and Law Representatives from the Commission of Legislative Affairs of the NPC Standing Committee,the Legislative Affairs Office of the State Council,the Ministry of Public Security,the Ministry of Justice,the Supreme People's Court,the Supreme People's Procuratorate and other relevant departments,and experts and scholars from human rights research institutes and colleges and universities conducted in-depth discussions and exchanged views on topics such as the "general theory of rule of law and human rights","scientific legislation and the progress of China's human rights cause","administration by law and the progress of China's human rights cause","judicial justice and the progress of China's human rights cause","concept of rule of law and the progress of China's human rights cause" among other issues展开更多
In order to implement the stipulation in the National Human Rights Action Plan (2012-2015) requiring the addition of no less than five national human rights education and training bases by 2015, the appraisal and se...In order to implement the stipulation in the National Human Rights Action Plan (2012-2015) requiring the addition of no less than five national human rights education and training bases by 2015, the appraisal and selection meeting for the second group of national human rights education and training bases was held on March 17, 2014 in Beijing.展开更多
I. Introduction The Human Rights Law Research Center of Sichuan University was established in 2004. The center, which relies on the university, combines the functions of theoretical research, teaching and training, a...I. Introduction The Human Rights Law Research Center of Sichuan University was established in 2004. The center, which relies on the university, combines the functions of theoretical research, teaching and training, and social service. The organizational members of the center consist of the Law School of Sichuan University, the Academy of Social Development and Western Exploration, the Research Institute of Tibetology and the Research Institute of South Asia.展开更多
China's legislature is soliciting comments and suggestions to the draft of Employment Promotion Law as an endeavor to democratize its process of legislation. Up to April 25 the National People's Congress had receive...China's legislature is soliciting comments and suggestions to the draft of Employment Promotion Law as an endeavor to democratize its process of legislation. Up to April 25 the National People's Congress had received over 11,000 items of comments and suggestions.展开更多
By 2050,autonomous weapon systems may potentially replace humans as the main force on the battlefield,as per predictions.The development of autonomous weapon systems poses risks to human rights and humanitarian concer...By 2050,autonomous weapon systems may potentially replace humans as the main force on the battlefield,as per predictions.The development of autonomous weapon systems poses risks to human rights and humanitarian concerns and raises questions about how international law should regulate new technologies.From the perspectives of international human rights law and international humanitarian law,autonomous weapon systems present serious challenges in terms of invasiveness,indiscriminate killing,cruelty,and loss of control,which impact human rights and humanitarian principles.Against the backdrop of increased attention to the protection of human rights in China,it is necessary to clarify the existing regulatory framework and fundamental stance regarding autonomous weapon systems and proactively consider and propose countermeasures to address the risks associated with such systems.This will help prevent human rights and humanitarian violations and advance the timely resolution of this issue,which affects the future and destiny of humanity,ultimately achieving the noble goal of universal enjoyment of human rights.展开更多
I. Overview 1. History The Southwest University of Political Science and Law devel- oped from the Southwest People's Revolutionary University, which was founded in 1950. Based on the former university and the law de...I. Overview 1. History The Southwest University of Political Science and Law devel- oped from the Southwest People's Revolutionary University, which was founded in 1950. Based on the former university and the law departments of Sichuan University, Chongqing University, Guizhou University, Yunnan University and Chongqing Finance and Economics College, the Southwest College of Political Science and Law was established.展开更多
I. Human Rights Education and Training 1. Overview The Northwest University of Political Science and Law is a diversified university, highlighting law as well as covering philosophy, economics, literature, management...I. Human Rights Education and Training 1. Overview The Northwest University of Political Science and Law is a diversified university, highlighting law as well as covering philosophy, economics, literature, management, art and engineering. It is an important base for training legal professionals as well as a center for legal education, research and information in Northwest China. The university, which was established 77 years ago and has trained undergraduate students for 56 years and graduate students for 35 years, is financially supported by the Shaanxi provincial govemment.展开更多
Mentally retarded children are the most disadvan- taged among disabled children. Since the reform and opening up, with sup- port from the Communist Party of China, the government and the public, the legitimate rights ...Mentally retarded children are the most disadvan- taged among disabled children. Since the reform and opening up, with sup- port from the Communist Party of China, the government and the public, the legitimate rights and interests of mentally retarded children have greatly improved. But problems in this respect remain serious, and vari- ous levels of government, relevant departments and the public should attach much importance to these problems. This paper, taking a reha- bilitation center in Liaoning Province for mentally retarded children as a single case, studies the protection of these children's lawful rights and in- terests in a systematic manner.展开更多
EDITOR'S NOTE: The Draft Labor Contract Law of the People's Republic of China has been completed and was published for soliciting comments on March 20. In a short period of one month, 191,849 pieces of comments and...EDITOR'S NOTE: The Draft Labor Contract Law of the People's Republic of China has been completed and was published for soliciting comments on March 20. In a short period of one month, 191,849 pieces of comments and opinions were received. Prior to the promulgation of the law, this reporter interviewed Mr. Guan Huai, a noted Chinese expert in labor law, professor of the Law School of the Renmin University of China and law advisor to the All-China Federation of Trade Unions.展开更多
The advent of the internet era breeds a new concept, namely, the right to internet access. Many countries and international organizations, as well as individuals, are advocating or have already embodied it as a basic ...The advent of the internet era breeds a new concept, namely, the right to internet access. Many countries and international organizations, as well as individuals, are advocating or have already embodied it as a basic human right, thus enhancing the issues of whether it should be incorporated into the macro system of international human rights. By analyzing the facts, this article points out that the international concept of the right to internet access should be distinguished from its domestic concept, for there are no legal sources about the right to internet access for guidance as with some treaties in the current international law, despite its close relationship with some existing rights such as the freedom of speech, press and assembly, or the right of equality, or the right to development. And there is still a long time before the legal value and related responsibilities as well as the boundaries about the right to internet access becomes a consensus in the international society. Even though there is quite a possibility, this right hasn’t been embodied as part of international human rights, and thus hasn’t made a legal concept in international human right law.展开更多
I. Introduction The Human Rights and Humanitarian Law Research Center at the East China University of Political Science and Law was established in December 2006, with public international law experts as its core. The...I. Introduction The Human Rights and Humanitarian Law Research Center at the East China University of Political Science and Law was established in December 2006, with public international law experts as its core. The center is administered by the International Law School at the East China University of Political Science and Law.展开更多
1. Introduction The role of law and human rights in Chinese traditional culture seem to be a real conundrum with misunderstanding and controversies. Some Western politicians and scholars who did not probably delve int...1. Introduction The role of law and human rights in Chinese traditional culture seem to be a real conundrum with misunderstanding and controversies. Some Western politicians and scholars who did not probably delve into and equip with related knowledge were apt to take an adverse stand. For example, Chris Pat-展开更多
基金the National Social Science Fund Major Project“Research on the Construction of Systems Applicable Outside the Chinese Jurisdiction in the Perspec-tive of Private International Law”(Project Approval Number 20&ZD202)the National Social Science Fund Key Project“Empirical Research on Judges’Discretion in Foreign-related Civil Trials in China”(Project Approval Number 19AFX026).
文摘Personality rights are basic rights related to human dignity in the concept of human rights protection,and respect for personality rights is the basic prerequisite for safeguarding other human rights.Human rights protection exerts a profound impact on the value of legislation and enforcement practices of private international laws in the field of cross-border personality rights infringement in various countries,which is mainly manifested in the integration of substantive justice and the humanistic care concept of protecting the rights of vulnerable groups into formal justice,and expands the development space of human rights protection ideas in cross-border personality rights and tort conflict laws.the diversity of human rights protection values determines that cross-border personality rights infringement may lead to conflicts between personality rights and other basic rights,such as freedom of speech.to reconcile such conflicts,a workable method is to prioritize personality rights protection in accordance with the hierarchy of rights theory in the value judgment of public order reservation or to clarify the limits of the right holder’s tolerance obligation through the limited application of the principle of proportionality.China’s current cross-border personality rights and tort conflict law can optimize the protection of the rights of vulnerable groups by diversifying the options of available legal methods,and establish a balancing mechanism between personality rights and freedom of speech,so as to improve China’s legal protection system for human rights in the field of foreign-related civil and commercial affairs.
文摘In a statement issued on the 2004 World Human Rights Day, Ms. Louse Arbour, United Nations High Commissioner for Human Rights, described human rights education as a strategy for attainment of "human rights for all," as a basic means for developing a universal culture of human rights, as an instrument for promoting equality and involvement of the people in decision-making under democratic mechanisms, and as an investment to prevent infringements upon human fights and to ward off conflicts of violence. It should be noted that so much importance attached by UN human rights organ to human rights education epitomizes the empowering characters of human rights education and the functions it performs in the global human rights system.
文摘Firstly,conception of farmers' equal material assistance rights is introduced from the aspects of equal rights,material assistance rights,and farmers' equal material assistance rights.Value function of farmers' equal material assistance rights is pointed out,which can eliminate the partial policies with urban priority orientation.It is a necessary condition for maintaining the legal and institutional authority,as well as an inevitable choice to realize the social justice and harmony.Current status of the law absence of farmers' equal material assistance rights in China is introduced,which is reflected in the lack of theoretical research on farmers' equal material assistance rights in the law circle,the lack of procedural legal system of farmers' equal material assistance rights at present,and the lack of actual law effectiveness of farmers' equal material assistance rights at present.System construction is a turning point to change the law absence of farmers' material assistance rights.Government should promote the economic development,provide material bases for the system construction of farmers' material assistance rights,enhance the legal consciousness of farmers,cultivate the ability of farmers to participate in equal material assistance rights,strengthen the procedural legislation and judicial justice,and ensure the farmers' material assistance rights.
基金a periodical achievement of "Research on the Connotation and Effect of Article 51 of the Constitution of China"(Project No.13YJC820098)as a project of the Humanities and Social Sciences Youth Fund of Ministry of Education"Research on the Relationship between Citizenship and Social Solidarity"(Project No.KCFX023)as a youth project of the National Social Science Foundation
文摘The ideal model of human rights law studies shall be one that is open and comprehensive. On the basis of normative legal studies, it shall pay more attention to and respond to political, economic, and social development in a wide range of human rights issues. These studies should attempt to find practical solutions to concrete problems. Human rights law should be a relatively independent legal discipline, and it should be a problem-oriented object of study. Regarding the research methodologies, human rights law could encompass all aspects of legal studies, and go beyond legal them to some extent to encompass the influence of other disciplines.
文摘Law is the fundamental method of governance and the rule of law symbolizes modern civilization. The socialist rule of law is the rule of law rooted in the Chinese tradition, and designed and led by the Communist Party of China(CPC). It is not only a tool for government, but also a driver of social progress. Meanwhile, the Chinese human rights system is also designed by the CPC. Both concepts—the socialist rule of law and the human rights system——are different from the West in terms of theory, path and systems. Human rights are the fundamental values of and the ultimate goal pursued by the rule of law; and the rule of law is the recognition of and guarantee for human rights. Efforts must be made to advance legislative, administrative and judicial protection of human rights.
文摘Teaching and research on human rights law are not purely academic, in that after graduation law students are expected to be .judges, prosetutors, lawyers and government officials who, in one way or another, will be obliged to respect human rights.
文摘The symposium on "Comprehensively Advancing Rule of Law and China's Human Rights New Development" was successfully held on April 11,2017 at Southwest University of Political Science and Law The symposium was organized by the China Society for Human Rights Studies and hosted by the Institute of Human Rights at Southwest University of Political Science and Law Representatives from the Commission of Legislative Affairs of the NPC Standing Committee,the Legislative Affairs Office of the State Council,the Ministry of Public Security,the Ministry of Justice,the Supreme People's Court,the Supreme People's Procuratorate and other relevant departments,and experts and scholars from human rights research institutes and colleges and universities conducted in-depth discussions and exchanged views on topics such as the "general theory of rule of law and human rights","scientific legislation and the progress of China's human rights cause","administration by law and the progress of China's human rights cause","judicial justice and the progress of China's human rights cause","concept of rule of law and the progress of China's human rights cause" among other issues
文摘In order to implement the stipulation in the National Human Rights Action Plan (2012-2015) requiring the addition of no less than five national human rights education and training bases by 2015, the appraisal and selection meeting for the second group of national human rights education and training bases was held on March 17, 2014 in Beijing.
文摘I. Introduction The Human Rights Law Research Center of Sichuan University was established in 2004. The center, which relies on the university, combines the functions of theoretical research, teaching and training, and social service. The organizational members of the center consist of the Law School of Sichuan University, the Academy of Social Development and Western Exploration, the Research Institute of Tibetology and the Research Institute of South Asia.
文摘China's legislature is soliciting comments and suggestions to the draft of Employment Promotion Law as an endeavor to democratize its process of legislation. Up to April 25 the National People's Congress had received over 11,000 items of comments and suggestions.
文摘By 2050,autonomous weapon systems may potentially replace humans as the main force on the battlefield,as per predictions.The development of autonomous weapon systems poses risks to human rights and humanitarian concerns and raises questions about how international law should regulate new technologies.From the perspectives of international human rights law and international humanitarian law,autonomous weapon systems present serious challenges in terms of invasiveness,indiscriminate killing,cruelty,and loss of control,which impact human rights and humanitarian principles.Against the backdrop of increased attention to the protection of human rights in China,it is necessary to clarify the existing regulatory framework and fundamental stance regarding autonomous weapon systems and proactively consider and propose countermeasures to address the risks associated with such systems.This will help prevent human rights and humanitarian violations and advance the timely resolution of this issue,which affects the future and destiny of humanity,ultimately achieving the noble goal of universal enjoyment of human rights.
文摘I. Overview 1. History The Southwest University of Political Science and Law devel- oped from the Southwest People's Revolutionary University, which was founded in 1950. Based on the former university and the law departments of Sichuan University, Chongqing University, Guizhou University, Yunnan University and Chongqing Finance and Economics College, the Southwest College of Political Science and Law was established.
文摘I. Human Rights Education and Training 1. Overview The Northwest University of Political Science and Law is a diversified university, highlighting law as well as covering philosophy, economics, literature, management, art and engineering. It is an important base for training legal professionals as well as a center for legal education, research and information in Northwest China. The university, which was established 77 years ago and has trained undergraduate students for 56 years and graduate students for 35 years, is financially supported by the Shaanxi provincial govemment.
文摘Mentally retarded children are the most disadvan- taged among disabled children. Since the reform and opening up, with sup- port from the Communist Party of China, the government and the public, the legitimate rights and interests of mentally retarded children have greatly improved. But problems in this respect remain serious, and vari- ous levels of government, relevant departments and the public should attach much importance to these problems. This paper, taking a reha- bilitation center in Liaoning Province for mentally retarded children as a single case, studies the protection of these children's lawful rights and in- terests in a systematic manner.
文摘EDITOR'S NOTE: The Draft Labor Contract Law of the People's Republic of China has been completed and was published for soliciting comments on March 20. In a short period of one month, 191,849 pieces of comments and opinions were received. Prior to the promulgation of the law, this reporter interviewed Mr. Guan Huai, a noted Chinese expert in labor law, professor of the Law School of the Renmin University of China and law advisor to the All-China Federation of Trade Unions.
文摘The advent of the internet era breeds a new concept, namely, the right to internet access. Many countries and international organizations, as well as individuals, are advocating or have already embodied it as a basic human right, thus enhancing the issues of whether it should be incorporated into the macro system of international human rights. By analyzing the facts, this article points out that the international concept of the right to internet access should be distinguished from its domestic concept, for there are no legal sources about the right to internet access for guidance as with some treaties in the current international law, despite its close relationship with some existing rights such as the freedom of speech, press and assembly, or the right of equality, or the right to development. And there is still a long time before the legal value and related responsibilities as well as the boundaries about the right to internet access becomes a consensus in the international society. Even though there is quite a possibility, this right hasn’t been embodied as part of international human rights, and thus hasn’t made a legal concept in international human right law.
文摘I. Introduction The Human Rights and Humanitarian Law Research Center at the East China University of Political Science and Law was established in December 2006, with public international law experts as its core. The center is administered by the International Law School at the East China University of Political Science and Law.
文摘1. Introduction The role of law and human rights in Chinese traditional culture seem to be a real conundrum with misunderstanding and controversies. Some Western politicians and scholars who did not probably delve into and equip with related knowledge were apt to take an adverse stand. For example, Chris Pat-