Pioneering a New Realm of Human Rights Civilization in the Chinese Path to Modernization——An Overview of the Symposium on“The Chinese Path to Modernization and the Promotion of Free and Comprehensive Human Development”

On October 14,2023,a symposium themed“The Chinese Path to Modernization and the Promotion of Free and Comprehensive Human Development”was held in Changchun,Jilin Province,China.More than fifty experts,scholars,and researchers from national institutions and universities engaged in discussions and exchanges on human rights on the Chinese path to modernization,including the path,practice,knowledge systems,and civilization forms of human rights.This symposium played a significant role in advancing the construction of the disciplinary system,academic system,and discourse system of human rights in China.

Viewing Chinese modernization and Its Requirements for Human Rights Protection from the Perspective of Human Development

Modernization,as a specific stage in the historical development of human society,possesses a multi-layered composite structure,with each layer playing both a promoting and inhibiting role in human development and dignity simultaneously.Chinese modernization is a strategic choice made based on lessons learned from various experiences of modernization processes in other countries,reflecting judgments on the benefits and choices on the values of human development and dignity in modernization.It values the promotion of the free and well-rounded development of all individuals as its standard,demanding the full realization of the positive effects of modernization on human development and the overcoming of its negative effects.Human rights,aiming to promote the free and well-rounded development of every person as the ultimate value goal,are not only an intrinsic structural element of the modernization stage but also a social normative tool that restrains the direction of modernization development,aligning closely with the values pursued by Chinese modernization.Chinese modernization poses dual requirements for human rights protection:on the one hand,it demands the affirmation and promotion of the positive effects of modernization on human development and dignity through human rights standards,and on the other hand,it requires the prevention and mitigation of the negative effects of modernization on human development and dignity through human rights standards.There exists a certain tension between these two dimensions,necessitating an appropriate balance and thereby presenting corresponding requirements for China’s approach to human rights protection.

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.

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.

Modernization and the Diversity of Human Rights Among Civilizations--Review of the 2023 China-europe Seminar on Human Rights

Human rights are an achievement of humanity and a symbol of progress.Respect for and protection of human rights are basic principles of modern civilization.Around the world,countries and regions have chosen different paths to modernization,which are rooted in their unique civilizations.to promote exchanges and mutual learning among civilizations,facilitate human rights exchanges and cooperation between different countries,and advance the global development of human rights,on September 20,2023,the 2023 China-europe Seminar on Human Rights was held in Rome,the capital of Italy.Under the theme of“Modernization and the Diversity of Human Rights Among Civilizations,”the seminar focused on discussing topics such as exchanges and mutual learning among civilizations and the development of modern human rights philosophy,modernization and the free and well-rounded development of every person,sustainable development in the process of modernization,and the evolution of the civilization of human rights in the digital age.participants reached the following consensuses at the event:First,the participants from various countries spoke highly of the great achievements that China has made in human rights cause and fully recognized China’s contributions in promoting the development and progress of the global human rights cause;Second,the participants from all countries agreed that it is necessary to discard the concept of“Western-centrism,”transcend the mindset of“cultural superiority,”promote human rights exchanges and mutual learning among civilizations on the basis of equality and mutual respect,and inject new impetus into the diversity of human rights among civilizations;third,participants reaffirmed that human rights represent an open concept,and that we should discuss the development of human rights with an open mind and jointly promote the progress of human rights in the world.

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.

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.

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.

On Dynamic Social Factors for Development of China’s Human Rights Theory

China＇s mainstream human rights theory has undergone tremendous changes since the reform-and-opening scheme was kicked off in the early 1980s. ＂Human rights,＂ which used to be seen as a concept of capitalist ideology, is now an important part of the Chinese system of socialist values.

Relative Universality of Human Rights: Theory and Practice

Introduction After the birth of the Universal Declaration of Human Rights （UDHR）, ＂universal human rights＂ became a novel formal legal term both in the field of jurisprudence and in the international community. The notion of ＂universal human rights＂ indicates the ideal of ＂all human rights for all.＂ As the provision in Article 2 of the UDHR stated： ＂Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, color, sex, language, religion, politi cal or other opinion, national or social origin, property, birth or other status.＂ However, some nonWestern govern ment officials and intellectuals have expressed doubts about the justifi ability of the term, which seems only to be a reflection of unique Western culture rather than Asian or Arabian ones. At the Vienna World Human Rights Conference, many heads of state said that universal human rights cannot be compatible with nonWest em culture. Even Lee Kuan Yew, the former leader of Singapore, declared in 1996： ＂Asian values are universal values. European values are European values.＇＇~ This statement is obviously a rejection of the idea that human rights are universal. In contrast, universal rights extremists and human rights activists and NGOs, such as Amnesty International and Human Rights Watch, try to propagandize unified international human rights standards and international human rights re gimes. The debate continues from the diplomatic field to the academic field. But, in the foreseeable future,

Vigorously Boosting the Development of Chinese Human Rights Theory and Practice

We feel a great honor and heavy responsibil- ity upon the Human Rights Research Center at Shandong University being named one of China＇s national human rights education and training bases. In our view, national human rights education and training bases should keep up with the times, bring into full play their ad- vantages of uniqueness and openness, complement each other, make con- certed efforts to achieve innovation and vigorously boost the development of Chinese human rights theory and practice. The university center will continue to bring into play its tradi- tional strength in theoretical research and graduate education and work hard to fulfill all the tasks of the center. It will focus on the following work.

Human Rights Connotations and Its Legal Protection in the Harmonious Coexistence between Humans and Nature

Promoting the unity of human nature and sociality in practice is a fundamental path dependence for achieving people's well-rounded development.Within the context of harmonious coexistence between humans and nature,the practice of the unity of human nature and sociality is allowed to be truly implemented,and people's well-rounded development moves from possibility to reality.Strengthening the protection of human rights for people's well-rounded development in the harmonious coexistence between humans and nature not only requires the expansion of the connotations of environmental rights from“the right to a healthy environment”to“the right to a beautiful environment”,but also necessitates the formation of a collaborative framework between environmental rights and development rights.For legal responses to the expansion of the connotations of environmental rights,it is necessary to implement such expansions in environmental legislation,enhance the underlying principles,and make progress in the development of systematic environmental legislation simultaneously.Regarding the legal promotion of the synergy between environmental rights and development rights,it is essential to follow the guidance of the“Two Mountains Theory,”take the coordinated functions of environmental and traditional legal departments as the basis,and build a legal mechanism for the realization of the value of ecological products and services.

The Relationship between Human Rights and Development——A Brief Analysis of the Perspectives of Chinese Scholars and the Practice of Chinese Government

With the change and development of the concept of human rights, the thinking about the relationship between human rights and development is becoming more and more deeply. Under this background, the author profoundly realizes that both recognizing the economic development as the first priority like some developing countries do and considering the human rights to be the most important thing as most developed countries do are unilateral and harmful to the social progress. Human rights and development are interdependent and mutually promoting each other. This paper introduces the three main viewpoints of the relationship between human rights and development. Based on the changes of the attitudes of the UN and China to the relationship between human rights and development, this paper holds that though it is a great progress for the Chinese government to understand that human rights and development are interdependent, there are still lots of difficulties in realizing their mutually benefiting relationship in reality. These difficulties are due to the lack of professionals who enjoy good understandings of the rules for social development and are capable of practicing human rights theories. Therefore, the authors suggest that the promotion of human rights education is instrumental to the development and progress of human society.

The Gist of the Marxist view on Human Rights

Marx and engels’ great ideology contains rich thought on human rights. Based on the class structure and social development in their lifetimes, the two founders of Marxism profoundly revealed the essence of human rights. They revealed the historical process, class essence and hypocrisy of the bourgeois human rights, and expounded the important principle that human rights are always subject to economic and social development. The Marxist of human rights theory emphasizes that even in a capitalist society, the proletariat should not abandon its efforts to strive for human rights, and that the proletariat should use human rights well to improve their survival and development conditions as well as the advancement of the society as a whole. In the localization process of Marxism in China, the Marxist view on human rights has been further developed and innovated in China, and the socialist human rights theory with Chinese characteristics has been formed, which is used to guide the development of China’s human rights cause.

The Development of International Human Rights Law and the Chinese Contribution to the Global Human Rights Cause

Prior to World War II,human rights were mainly considered to be matters that came under the domestic jurisdiction of each state.The United Nations Charter,adopted in 1945,includes human rights provisions.The adoption of the Universal Declaration of Human Rights in 1948 that marked the initial formation of international human rights law.Today,the world has formed a relatively comprehensive system of international human rights law and mechanisms.Since the founding of the People’s Republic of China,and in particular after she introduced reform and opening-up policy in 1978,the Chinese government has actively participated in international human rights causes.To date,the Chinese government has ratified 26 human rights conventions and fulfilled the obligations required by these.China has put forward and continually enriched human rights theory of socialism with Chinese characteristics,emphasizing the importance of state sovereignty in safeguarding human rights and the resolution of human rights controversies through dialogue,thereby contributing to the global human rights cause.

The Influence of the Founding of the PRC on the Contemporary Development of China’s Human Rights

The founding of People’s republic of china marked the start of a completely new historical development stage for human rights in the county.The founding of the People’s republic of china has had a profound impact on the development of human rights in contemporary china.The People’s republic of china defined the socialist nature of the development of human rights in contemporary china,shaped the new concept of equality in chinese society,determined the direction of human rights development that attaches importance to the protection of economic and social rights,and established the idea of advancing human rights development from the overall perspective.

“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.