On the Principle of Consistency of Rights and Obligations in the Constitution of PRC

“The Fundamental Rights and obligations of Citizens”, the title of Chapter II of the current Constitution of PRC, and the stipulation that citizens must fulfill certain obligations while enjoying rights have triggered many debates. Considering the historical origin, constitutional philosophy, and the text and structure of the Constitution, the special provisions of the current Constitution are influenced by the principle of consistency of rights and obligations. The principle of consistency of rights and obligations in the Constitution is of complex connotation. Therefore, although the principle of consistency of rights and obligations effectively connects the public and private spheres, it ignores the diversity and differences of the interests and elements contained in the Constitution, the asymmetry of the normative status of fundamental rights and fundamental obligations,and the right of citizens to self-determination of personal interests.The principle of consistency of rights and obligations should be purposefully narrowed and concretized: In the context of public-private integration and risk society prevention, the principle of consistency of rights and obligations can be used as a supplement to the functional system of the Constitution;in the field of fundamental political obligations, the principle of consistency of rights and obligations should be in line with the requirements of the state to respect and protect human rights;in the field of fundamental social obligations, the exercise of fundamental rights by individuals is protected by the Constitution as long as they comply with the law and do not infringe upon the interests of the social community. The principle of the consistency of rights and obligations is only used as the negative constituents of the determination of rights and the basis for the effect against a third party of fundamental rights.

Extraterritorial Application of International Human Rights Conventions——From the Perspective of States Regulating the Extraterritorial Human Rights Obligations of Transnational Corporations

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.

The“Erga Omnes”of the Protection of Fundamental Human Rights and the“Complementary Protection”of Refugees Not Prescribed by the UN Convention Relating to the Status of Refugees

The United Nations Convention Relating to the Status of Refugees 1951 and its Protocol in 1967 set Four Essentials to limit the definition of "refugee". The concept of complementary protection emerged in academia and practice for those who, though they do not have the essentials,are in need of protection. Complementary protection is considered not only a moral obligation, but also a legal obligation. Although as the result of developing the principle of "non-refoulement" in international law, "complementary protection" should be limited when economic and social rights are concerned. The development of the non-refoulement principle and the emergence of "complementary protection" are based on the Erga Omnes of human rights. The International Court of Justice has restricted the emergence and evolvement of obligations Erga Omnes within the scope of obligations concerning fundamental and non-derogable human rights, and therefore,the application of "complementary protection" in protecting economic and social rights has been limited. Only when the unbalance of economic and social rights has been serious enough to impact other fundamental human rights will the obligation of "complementary protection" ensue.

New Developments and Challenges in the UN Norms on Human Rights Responsibilities of Transnational Corporations

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.

The Convention on the Elimination of All Forms of Discrimination against Women and China's Actions

Aimed at eliminating all forms discrimination against women, ensuring human rights and fundamental freedoms for women in all fields and realizing de-facto equality between men and women, the Convention on the Elimination of All Forms of Discrimination Against Women adopted by the U.N. General Assembly is a most significant and most comprehensive legal document concerning the protection of human rights of women, which is called "The Charter of the Human Rights of Women." This thesis reviews the achievements and problems in the fulfillment by the Chinese government of obligations under the Convention after signing and ratifying it; and also puts forward some feasible approaches for improvement thereof.

Obligation-based Theory vs.Right-based Theory:Confrontation of Ideas Between Warrender and Strauss

There is a transition from the objective laws or moral orders that precede human will in classical natural law to the subjective demands or rights emanating from human will in modern natural law,and it represents a historical debate on the shift from an obligation-based theory to a right-based theory.Strauss,within the context of this transition across time,assesses Thomas Hobbes's philosophy of law and recognizes him as the founder of modern natural rights theory.Using Wesley Newcomb Hohfeld's analysis of jurisprudence,Howard Warrender assesses the privilege nature of Hobbes's concept of natural rights and concludes that,since Hohfeld's privilege is the opposite of obligation and related to no-right,obligations cannot be derived from natural rights.Therefore,Warrender argues that Strauss's assertion requires correction.However,Warrender places excessive emphasis on Hohfeld's static separation of the concept of privilege within his theoretical system,overlooking the dynamic transformation from privilege to claim rights.In this regard,Hobbesian scholar Carlan's criticism of Warrender is valid.Meanwhile,Warrender's research holds theoretical significance in that he,under the premise of being a part of Hobbes'natural law tradition,transforms Hohfeld's flat,two-party legal rights relationships into a three-party legal rights structure,which could represent a potential innovation in the 20^(th)century legal philosophy.

Women's Rights in the Context of the Three-child Policy:Analyzing from the Constitutional Connotation of“the State Shall Protect the Mother”

Women's rights are essential human rights recognized by the international covenants on human rights and protected in the constitutions and laws of countries.In the context of implementing the three-child policy in China,women are facing pressures from childbearing and bringing up children as well as trying to have a career.It is clearly stipulated in Article 49 of China's Constitution"the mother is protected by the state,"the constitutional principle of equality of men and women shall be incorporated into the interpretation of this article,fully respecting women's subjectivity and equal rights and affirming the social benefits of childbearing and bringing up children.With the introduction of the three-child policy,the protection of women's rights shall focus on their reproductive rights,right to health,right to work and equal rights within the family.The system of women's rights is complex,relates to identity and must be open to the future.The state has the obligation to fully respect,actively promote and promote in a narrow sense the realization of women's rights.To better coordinate the implementation of the three-child policy and the protection of women's rights,we should introduce the concept of social gender equality,improve the system ofp ublic childcare services,home care leave and equal employment,and promote the implementation of relevant laws and policies with special attention being paid to women in rural areas and single mothers.

The Implications of Sports Rights in Building a Leading Sports Nation

As a basic human right,sports rights are increasingly recognized by the international community.The national legislation and strategic plan for building China into a leading sports nation have contributed to forming a multi-field and all-round sports rights protection system.From the perspective of proactive rights and passive rights,sports rights include the freedom to choose free from illegal interference and reflect the social rights for which the state will guarantee the resources.From the perspective of basic rights and ordinary rights,the right to equal participation,the right to sports health,and the right to education constitute the main content of sports rights as a basic right,and the right to sports culture is the concentrated expression of ordinary rights.From the perspective of individual rights and collective rights,the right to sports achievement is a concentrated reflection of the former.Meanwhile,the latter covers the protection of sports rights of vulnerable groups and the balanced development of regional sports.The strategic plan for building a leading sports nation has further clarified China’s basic obligation in safeguarding sports rights in terms of legislative policy planning,financial support,life-cycle services,sustainable development,playing the role of stakeholders and strengthening sports cooperation with other countries and regions,including Hong Kong,Macao and Taiwan.

The Idea of“Codification”of Human Rights to Environment

As China has embarked on a new journey to comprehensively build a modern socialist country and marches toward the Second Centenary Goal,improving the protection of human rights in environmental protection has become a key task to meet people's growing demand for a better life.The international community has reached a consensus on the human rights attribute of environmental rights,and China has also recognized it in its National Human Rights Action Plan of China(2021-2025).Early claims for environmental human rights gave birth to modern environmental law at the international level,while the global consensus on sustainable development promoted the new development of environmental human rights.In China,the construction of a"beautiful China"has become the national goal confirmed by the Constitution.The confirmation of environmental rights in the planned environmental code can further clarify the connotation of the value system of the code and help clarify the institutional structure and attribution logic of the code.Based on the subjective right and objective value of environmental rights,the specific scheme for the"codification"of environment rights is to construct the system from three levels of ontological provision,guarantee provision and reliefprovision.

Vaccination Obligation from the Perspective of the European Court of Human Rights——Taking the Case of Varif et al.v. Czech Republic as an Example

The case of Varif et al.v. Czech Republic concerned whether Czech legislation that imposed a moratorium on school attendance and a fine as a punitive mechanism for non-vaccination violates the European Convention on Human Rights by forcing children to receive routine vaccinations. In the ruling, the European Court of Human Rights reiterated that the choice of public health measures falls within the discretion of member states. Meanwhile, to limit the infringement of individual interests to what is necessary and reasonable, the European Court of Human Rights clarified the criteria for human rights protection for compulsory routine vaccination: It should have a legal basis, a lawful aim, and be in line with the “needs of a democratic society.” Accordingly, the European Court of Human Rights held that the legal provisions involved in the case did not violate the European Convention on Human Rights. As the first response of the European Court of Human Rights to compulsory vaccination, the case of Varif et al.v. Czech Republic strengthens the influence of the law of the European Union in the field of public health by upholding the discretion of member states. Besides, although the case involves only routine vaccination, the human rights protection criteria clarified in it can be taken as a reference for introducing vaccination measures against COVID-19 in the context of the global pandemic.

Whose Dignity?How to Enjoy?——An Interpretation of a Concept Based on the Context of Ancient Roma

Dignity and Human Rights are recognized as two principles that coordinate with each other.However,it is an invention of modern people to set dignity as the basis of human rights from a genealogical point of view.In the classical context,dignity was represented as a political value,honoring excellence in public service.As a reward and return for political services,dignity holders were entitled to be recognized by the state and treated with appropriate courtesy and respect.There are two ways to get dignity,"bestowed in advance"and"awarded afterwards."The former was bestowed by a noble bloodline,while the latter was a reward for eminent military achievements or outstanding performance in normal state governance.In any case,dignity is defined in a differential pattern.It is quite different from the value of Equality for All in dignity,which is emphasized in modern society.In ancient Rome,as a tribute to moral excellence,dignity also required the taming and control ofphysical desire,so the value of dignity did not honor the natural rights of each human being,but rather the high rank and strong obligation of the excellent.

Legal Protection of the Right of Informed Consent of the Subjects of Human Clinical Trials in China

The “informed consent principle” in human clinical trials is the product of the extension of the concept of human rights in the field of human trials and a reflection of the progress of human civilization in biomedical research. In recent years, the legal protection of the right to informed consent for research subjects has been gradually improved in China. The right to informed consent for research subjects has been improved from an ethical norm to a legal norm. The legal status of legal norms has also been gradually improved. Based on the public law regulations, private law relief has been added to the legal relief system for the infringement of the right to informed consent for research subjects. As a result, the protection of rights has been enhanced. The domestic informed consent protection system is partially in line with international norms. The protection of the right to informed consent depends on the perfection of the legal system and the social consensus to respect human rights and the right to self-determination.

The Whaling in the Antarctic Case, Applying the International Convention for the Regulation of Whaling as a Self-contained Regime

The Whaling in the Antarctic Case (Australia v. Japan: New Zealand intervening) decided by the International Court of Justice (hereinafter "ICJ" or "the Court") on 31 March 2014 dealt with the interpretation of specific provisions of the 1946 International Convention for the Regulation of Whaling (ICRW), in particular Article VIII.1, and its complementary instruments, i.e., the Schedule and the Annexes of the International Whaling Commission Scientific Committee. The decision of the Court was a remarkable good one. However, its rigorous reasoning focused almost exclusively on the required purpose of "scientific research" of the JARPA II Programme1 permits as set out in the ICRW, approaching the convention as an autonomous self-contained regime which leaves aside other additional grounds. Nonetheless, it would be beneficial for further jurisdictional developments to strengthen the scope of the ICWR system with the applicable provisions of the United Nations Convention on the Law of the Sea (UNCLOS) and other treaties and institutions impinging on whales and whaling, e.g., CITES, Bonn Convention, Antarctic Treaty System, among others. The query remains concerning the unexplored sources of international law ruling Antarctic spaces and species which are absent in the judgment of the Court but may allow an evolutive interpretation of the ICRW.

An Analysis of Human Rights Factors in Confucian Tradition

Although there is no concept of Human Rights or Rights in the Confucian tradition,Western culture has a different understanding of people's due status and interests.This understanding includes the emphasis on and respect for human beings,and the factors that are compatible with human rights theory and can promote its development.The Confucian concept of humans emphasizes every individual as an individual in the community,obligations,and consideration of others.Its main contents are as follows:benevolence as the core;for individuals in the community,the ideal personality of a gentleman,namely,benevolence,independence and self-improvement;in the aspect of vertical interpersonal relationship,the advocation of people-oriented and good governance(e.g.,nurturing the people,educating the poor and helping the weak);in the aspect of horizontal interpersonal relations,the advocation of people as compatriots;and the respect of heaven and earth and the love for all things in relation of human and nature.These contents are of great significance to the construction of human rights in China and the world.

A Legal Structure for Limiting the Agency Cost of Stock Rights Transfer

The unilateral disposition of stock rights＇ voting rights detracts from the welfare of the other shareholders. Contractual arrangements restricting or prohibiting the transfer of stock rights under the capital majority rule may infringe upon shareholders＇ fight of withdrawal, further weakening stock market constraints on senior management and indirectly raising the agency cost of management abuse of power for private ends. In creating a legal structure for stock rights transfer, we need to find an appropriate balance between freedom of contract, capital majority rule and reduction of agency costs. Judges should determine that the transfer of voting rights is invalid in order to ensure that voting rights match residual claim rights and maintain the constraints on senior management represented by shareholder voting rights. The general prohibition of stock fights transfer in the articles of association blocks shareholders＇ right of withdrawal; this is not conducive to restraining potential abuses of power on the part of senior management and should be made invalid. Judges must differentiate between long- and short-term contracts and the initial and revised clauses of the articles of association in order to distinguish between the efficacy of different arrangements limiting transfer of stock rights as laid down in the articles of association.

论FRAND原则对标准必要专利权行使的限制

随着中国通信技术的发展,标准必要专利权纠纷的增多,标准必要专利权的行使将受到更多的关注。技术标准FRAND原则使得标准必要专利权人相比普通专利权人在行使权利时受到更多的限制,这种限制来源于FRADN原则的公共利益属性,本文从许可义务、FRAND许可费计算方法以及禁令申请的角度探讨标准必要专利权人行使权利的界限。

Advancing Direct Corporate Accountability in International Human Rights Law:The Role of State-Owned Enterprises

Resorting to the immensely state-centric international legal system to regulate corporate human rights abuses is often viewed as inadequate.Among many proposals aiming at filling the international regulatory gaps,imposing international human rights obligations directly on corporations is a bold one,which,due to profound doctrinal and practical challenges,is yet to be materialized.However,state-owned enterprises(SOEs),given their prima facie''state-business nexus"that blurs the traditional public-private divide,might provide a renewed opportunity to push forward the"direct international corporate accountability^^campaign.This study investigates whether SOEs represent a golden chance for direct corporate accountability in the international legal regime.This study provides a legal analysis supported by case law,and by comparative and empirical research when appropriate.After providing a definitional account of SOEs,it examines the legal status of SOEs under international law.Then,in the reverse direction,it proceeds to explore if the state-business nexus of SOEs as non-state actors could render the argument toward direct international corporation accountability more convincing.Major findings reveal that SOEs,to a limited extent,represent a renewed opportunity to rethink direct corporate accountability under international law.

Thomas Chao’s Journalistic Activities and Influence on Increasing China’s Voice Worldwide

In the 1930s and 1940s,Thomas Chao,an internationally-renowned Chinese journalist,influenced Chinese journalists’way of covering and writing news with his own prominent experience in international news reporting.Based on his long-term news practice,Chao analyzed the differences between Chinese and Western press and explored the way for improvement.He called on the government to set up a national news agency so as to establish itself in the field of international communication,and helped the Central News Agency to take back Reuters’right to publish in China.Chao also actively promoted the exchange and cooperation between Chinese newspapers and news agencies and foreign press in international communication activities,striving to increase China’s voice worldwide.

破解体育赛事数据法律保护困境:赛事数据使用权益模式

大数据时代体育赛事数据的商业和技术价值不言而喻,为保障赛事组织者的赛事数据权益,理论界提出“确权”保护模式,即依托现有的法律规范或通过立新法进行确权的形式,赋予赛事组织者以赛事数据的相关权利。但由于赛事数据权益主体多、客体类型复杂,以“确权”模式保护体育赛事数据存在着权利内容不明晰、隐私数据保护难的法律困境。因此,可尝试转变对赛事数据权益的保护思路,搁置确权,促进流通,实现收益。构建赛事数据“使用权益”模式,以营利与否决定赛事数据“使用许可”的程度,保障赛事组织者利益;对赛事数据进行分类分级,规范采集、使用标准,加强对运动员隐私数据的保护。从而在赛事数据采集、使用、收益、隐私保护之间达到平衡,实现数据权益。