Digital Human Rights from the Perspective of System Theory——Concept Definition, Social Function, and Constitutional Basis

The three core issues in the“digital human rights”debate are whether“digital human rights”are possible,necessary,and feasible.Both sides of the debate focus on discovering the value of“digital human rights”to individuals from a semantic level,but ignore the significance of“digital human rights”to the whole society and its subsystems at the level of social structure.By introducing Niklas Luhmann's System Theory,this observation blind spot can be eliminated.Fundamental rights are devoted to directly shaping not a physiological-psychological“individual”as a social environment but a social“person”that can be included by social systems.It is clear that digital human rights are the right to participate in digital communication of a“human”as a“person”,so they are possible in terms of conceptual definition.Digital human rights can help“people”lower the threshold for participation in digital communication,limit the excessive expansion of social systems,and promote the free and complete expression of body and mind,so they are necessary for social functions.There are limitations in the existing two ideas of“incorporating digital human rights into the constitution”.Based on the new construction idea of System Theory of Law,digital human rights as the right to participate in digital communication can be typified into digital communication in social sub-fields such as politics,economy,science,and art.The right to participate constructs a complete digital human rights system,making it feasible on the basis of the constitution.

From the Subjectivity of Human Rights to the Universality of Human Rights——A Preliminary Interpretation of the Theory on the Subjectivity of Human Rights

Universality is one of the essential characteristics of human rights, but there is a substantive difference between idealism and realism in understanding the concept of universality of human rights. The concepts of radical universality and strong universality based on the concept of natural human rights are too idealistic and thus have a high risk of being alienated into a tool of international re-pression in practice. On the contrary, the theory on the subjectivity of human rights can effectively defuse this risk brought about by radical universality and strong universality. Advocating a transition from the universality of human rights to the subjectivity of human rights not only keeps in line with the actual construction process of international human rights, but can also effectively interpret the practical difficul-ties in the realization process of international human rights. Therefore, it can be used as another alternative theory on human rights beyond the theory of natural human rights.

Human Rights and Development:China's Contributions Based on a Larger Concept of Human Rights

The Western liberal view of global governance can no longer effectively address the challenges facing the world today or respond to the demands of developing countries in the fields of human rights and development.Meanwhile,the United Nations human rights and development agenda also has its limitations.Against such a backdrop,China's path of human rights development has avoided the trap of human rights confrontation and the clash of civilizations.It has set an example of complementarity and positive interaction between human rights and development by unifying collective human rights with individual human rights and integrating the universality and particularity of human rights.Xi Jinping,general secretary of the Communist Party of China(CPC)Central Committee,delivered a speech at the 37th group study session of the Political Bureau of the CPC Central Committee on China's Path of Human Rights Development.This elevated China's human rights development to a new historical height.Practice has proved that China's concept and path of human rights in the new era have not only effectively promoted the development of its human rights cause,but also contributed Chinese wisdom to the global cause of human rights and development with a larger concept of human rights.Under the framework of the concept of building a community with a shared future for mankind,the Belt and Road Initiative,and the Global Development Initiative,China has contributed to enhancing the discourse power of developing countries in human rights and building a fairer,more just,more reasonable and more inclusive system for global human rights governance.

The Dynamic System Theory of Legal Protection for Personal Information Rights Infringement

The advent of the big data era has presented unprecedented challenges to remedies for personal information infringement in areas such as damage assessment,proof of causation,determination of illegality,fault assessment,and liability.Traditional tort law is unable to provide a robust response for these challenges,which severely hinders human rights protection in the digital society.The dynamic system theory represents a third path between fixed constitutive elements and general clauses.It both overcomes the rigidity of the“allor-nothing”legal effect evaluation mechanism of the“element-effect”model and avoids the uncertainty of the general clause model.It can effectively enhance the flexibility of the legal system in responding to social changes.In light of this,it is necessary to construct a dynamic foundational evaluation framework for personal information infringement under the guidance of the dynamic system theory.By relying on the dynamic interplay effect of various foundational evaluation elements,this framework can achieve a flexible evaluation of the constitutive elements of liability and the legal effects of liability for personal information infringement.Through this approach,the crisis of personal information infringement in the era of big data can be mitigated,and the realization of personal information rights as digital human rights can be promoted.

An Evaluation of the Core Controversies in Contemporary Western Human Rights Theory——A Study Based on the Examination of the Criterion of Fidelity to Practice

The development of theories on human rights with Chinese characteristics and China’s engagement in global human rights governance cannot be separated from attention to contemporary Western human rights theory.The debate between naturalistic and political conceptions of human rights has a long history,but discussions on the basic criteria for evaluating human rights theories have been insufficient.This article,focusing on the criterion of fidelity to practice,attempts to identify the development trajectory and direction of human rights theory.The universal claims of naturalistic human rights perspectives and the human rights catalog they propose have been criticized for deviating from practice.On the other hand,political conceptions of human rights,while emphasizing domestic human rights practices,have been criticized for their occasional nature and perceived loss of criticality.The broad-way practice theory seeks a third way that goes beyond the divide between these two perspectives.On the one hand,the theory itself faces limitations and the need for reshaping,while on the other hand,the traditional singular practice theory is also undergoing self-renewal.It can be said that the“internal critique”of contemporary Western human rights theory is already underway and will continue.

Human Rights in Civil Judicial Documents:Conception and Function

Traditional human rights theory tends to hold that human rights should be aimed at defending public authority and that the legal issue of human rights is a matter of public law.However,the development of human rights concepts and practices is not just confined to this.A textual search shows that the term“human rights”exists widely in China’s civil judicial documents.Among the 3,412 civil judicial documents we researched,the concept of“human rights”penetrates all kinds of disputes in lawsuits,ranging from property rights,contracts,labor,and torts to marital property,which is embedded in both the claims of the parties concerned and the reasoning of judges.Human rights have become the discourse and yardstick for understanding and evaluating social behavior.The widespread use of the term“human rights”in civil judicial documents reflects at least three concepts related to human rights:first,the rights to subsistence and development are the primary basic human rights;second,the judicial protection of human rights is a bottom-line guarantee;third,the protection of human rights aims to achieve equal rights.Today,judges quote the theory of human rights in judicial judgments from time to time,evidencing that human rights have a practical function in judicial adjudication activities,and in practice this is mainly manifested in declaring righteous values and strengthening arguments with the values and ideas related to human rights,using the provisions concerning human rights in the Constitution to interpret the constitutionality,and using the principles of human rights to interpret blurred rules and rank the importance of different rights.

The International Communication of Chinese Concept of Human Rights in the New Era

The Chinese concept of human rights serves as the core value of China’s path of human rights development,guiding the comprehensive advancement of China’s human rights cause and providing Chinese wisdom for the development of human rights cause worldwide.Throughout the development process of China’s human rights cause in the new era,the international communication of the Chinese concept of human rights has achieved positive results and played an essential role in the international human rights discourse struggle,external exchanges on human rights,and the transformation of international human rights mechanisms.However,it also faces challenges such as the dominance of Western human rights concepts,the marginalization of the Chinese concept of human rights,the incomplete establishment of China’s external discourse system on human rights,and constraints on international communication channels.Therefore,in the new era,it is crucial to address the weaknesses in the international communication of the Chinese concept of human rights,optimize communication channels,and enhance its international influence.

The Protection of Human Rights in the Construction of Barrier-free Environment--Viewed from the perspective of the Marxist Human Rights Concept

The construction of a barrier-free environment contains a rich connotation of human rights protection,and is closely related to the study of human rights protection in China.With the evolution of the concept of barrier-free design and the expansion of its beneficiary groups,constructing a barrier-free environment has become a basic task that benefits all members of society and meets the public needs of all the people,with its core goal expanding from the protection of the rights of the disabled to the protection of the basic rights and interests of all members of society.Building a barrier-free environment from the perspective of the Marxist human rights concept is conducive to safeguarding the people’s right to subsistence and development,and at the same time,it satisfies their demand for the right to pursue a high-quality and better life and reflects the common vision of everyone in society fully enjoying human rights.promoting the construction of a barrier-free environment in terms of legal protection based on China’s institutional advantages can improve and innovate the country’s legislation on the construction of a barrier-free environment,so as to play an exemplary and guiding role in enhancing the international barrier-free level and enable all people to enjoy the good life created through the drive to build a barrier-free environment.

Build Asian Consensus on Human Rights,Promote-Overview of Academic Viewpoints at the Asian Forum on Human Rights 2022

The Asian Forum on Human Rights was held at the Renmin University of China(RUC)from November 26 to 27,2022.With the theme“Environment,Climate Change and Human Rights,”the event consisted of 12 sub-forums.The forum was hosted by RUC and jointly organized by the RUC Law School,RUC School of Global Governance,Human Rights Center of RUC,RUC Asia-Pacific Institute of Law,and RUC Center for Coordination and Innovation of Food Safety Governance.The forum focused on discussing topics related to climate change and the environment and responded to common concerns of the international community.It built an international exchange platform to facilitate Asian scholars to build consensus on human rights.Covering a wide range of topics,the event promoted academic exchange in various fields.Experts and scholars from both home and abroad built an extensive consensus on topics such as climate change,environmental conservation,and human rights protection through open exchanges and in-depth discussions,contributing their ideas and wisdom to improving the common well-being of Asian people.

Promoting Development and Innovation of China’s Human Rights Theory

This year marks the 90th anniversary of the found- ing of the Communist Party of China （CPC）. As Party General Secretary Hu Jintao said, for the past 90 years, under the leadership of the CPC, the Chinese people have accomplished the three missions of New Democratic Revolution, the Socialist Revolution and reform and opening-up. During the process, the Party and the people have opened a new path of socialism with Chinese characteristics, formed the theory of socialism with Chinese characteristics, as well as established a system of socialism with Chinese characteristics.

Summary of the Seminar on “70 Years of the PRC’s Human Rights: Path, Practice and Theory”

The seminar"70 Years of the Prc’s Human rights:Path,Practice and Theory",sponsored by the china Society for Human rights Studies and the Publicity Department of the c Pc Jilin Provincial committee and organized by Human rights research center of Jilin university,was held at Jilin university on May 9,2019.More than 100 officials,experts and scholars from state organs,universities and research institutions attended the seminar.The seminar focused on the historical development experience of the cause of human rights in china over the past seven decades since the founding of the People’s republic of china(Prc),as well as china’s human rights practices and theories and the promotion of human rights diplomacy and china’s right to speak on international human rights.The seminar was conducive to further understanding the development progress of human rights in the People’s republic of china,building consensus on human rights,and promoting the integrity and innovation of theoretical research on human rights.

“The 10th Anniversary of the Blue Book on Human Rights and the Concepts,Discourses and Theories of Human Rights in China” Symposium Summary

The China Society of Human Rights Studies and the Human Rights Research Center at Nankai University jointly hosted a seminar on"The 10th Anniversary of the Blue Book on Human Rights and the Chinese Human Rights Concept,Discourse and Theory"on December 19th,2020.Experts at the meeting expressed their views and discussed the organization,style,and system of the Blue Book on Human Rights;the concept,expression,and dissemination of the Chinese human rights discourse;the paradigm,principle,and structure of the Chinese human rights theory;and the objectives,paths,and development of the Chinese human rights enterprise.

Basic Categories of the Chinese Socialist Human Rights Theory

The basic categories of the Chinese socialist human rights theory consist of four elements, namely, human rights history, human rights concepts, human rights attributes and human rights protection. The category of the human rights history includes ancient notions of human rights, classical human rights theory, Marxist human rights theory and the sinicized Marxist human rights theory. The category of human rights concepts includes the subjects, contents, forms, classification, origin and essence of human rights. The category of human rights attributes includes universality and particularity of human rights, harmony and confrontation between human rights, politicalness and a-politicalness of human rights, indivisibility between rights and duties, and conditioning of state power by human rights. The category of human rights protection includes human rights and sovereignty, human rights and democracy, human rights and the rule of law, human rights and property, human rights duty holders, and human rights education.

“Harmony”Concept and China's Human Rights

What is summarized as'harmony is of paramount importance' is a most prominent philosophical approach embraced by China's Confucian culture. This is an extension of the approach summarized as 'the people are of paramount importance.' It calls for harmonious human relations, obliging one to respect others' rights and interests while protecting the rights and interests of one's own. Harmony as a philosophical approach manifests itself, in many ways, in the realm of human rights in China today. To name just a few: the country's political system of multi-party cooperation under the leadership of the Chinese Communist Party, harmony that prevails between different religions in the country, and the country's call for international dialogue and cooperation to promote the human rights cause. As a fine Chinese tradition, this philosophical approach is being carried forward.

The Practical Basis and Theoretical Innovation of Human Rights in Contemporary China——Theory of Human Rights Structure Moving towards Developmentalism

The practice of human rights in contemporary China puts forward an urgent demand for the innovation in human rights theories.On the basis of summarizing the practice of human rights in contemporary China,the developmental theory of human rights holds that human rights are the value consensus and social norms fostered by the common crisis faced by all human beings under the background of globalization of market economy.The free,comprehensive and harmonious development of all people is the ultimate goal of human rights.Taking the right to human development"as a purposive right can provide more enlightening explanations for the relational structure of human rights.

In-depth Understanding of Classic Marxist Human Rights Theory

The Marxist human rights theory is embodied in several important works by Karl Marx and Friedrich engels. The key point to understand Marxist human rights theory is to read the texts of classic works of Marx. only in this way can we grasp the essence of the theory more clearly and internalize it as genuine belief and emotional identity. This theoretical guide should be implemented in concrete actions through concerns and answers to practical questions, in order to highlight the era value of the classic Marxist human rights theory.

The Change and Constancy of “Equality Issue” in Human Rights Theory Research During the 40 Years of Reform and Opening-up

In 1978, academia broke through the theoretical forbidden zone with the slogan of "equality before the law" and initiated a great discussion on some important legal issues including legal equality. During the past 40 years since the reform and opening-up, the relevant research has changed from the ideological contention deeply influenced by class discourse to the abstract theoretical research where class discourse has been fading away, and then turn to the technical and concrete practical research. This "change" is clearly visible and, to a certain extent, reveals the track of the development of human rights theory. However, there is "constancy" in "change". "Constancy" not only lies in the study of legislative equality throughout the past 40 years, but also embodies the inherent logic of theoretical research in response to social development and changes in the times.

RELATIONSHIP BETWEEN MAN AND NATURE IN TRADITIONAL HUMAN RIGHTS CONCEPTS OF CHINA AND WEST

As the process of economic globalization gathers momentum, dialogue between different cultures has become extremely important. There should be dialogue between the Chinese and Western cultures under the principle of equality and mutual respect and understanding to increase consensus for mutual development.

On Some of US Human Rights Concepts——A Tentative Analysis

With the advent of the era of economic globalization, the United States has intensified its human rights cultural expansion as the base of its human rights diplomacy. Some people in the United States are trumpeting about "human rights dialogue" to engage in "transnational civil society" movement to sell "universalism." This new development in the US human rights culture merits full attention. This paper tries to make an initial analysis of this development for discussion with experts and scholars.

Human Rights Ideas and Concepts in Traditional Chinese Culture

Does the traditional Chinese culture embrace human rights? If so, in what ways? Questions of this sort are not only of academic concern but also of public interest. With this in mind, Yun Xiang had an interview with Prof. Huang Nansen of Beijing University, a famous Chinese scholar in the studies of humanity and traditional cultures and values.