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The Connotations of the Constitutional Clause on Human Rights Protection From the Perspective of Foreign-related Rule of Law
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作者 ZHAI Han 《The Journal of Human Rights》 2024年第3期548-566,共19页
The inclusion of the human rights clause in the Chi-nese Constitution is the core normative manifestation of the constitu-tionalization of human rights,and points to the relationship between international law and the ... The inclusion of the human rights clause in the Chi-nese Constitution is the core normative manifestation of the constitu-tionalization of human rights,and points to the relationship between international law and the Constitution in the sense of positive law.The inclusion of the human rights clauses in the Chinese Constitution itself is an inherent part of the development of China’s socialist constitution,and socialism has already contributed valuable concepts and practices of human rights protection to the modern world in its early stage.The constitutionalization of human rights protection does not necessarily lead to the superiority of international law over the constitutional order of a country,but rather to the convergence of international law and domestic law through the constitutional order.The relevant rules of international law will be effective only when they are transformed into domestic law through the Constitution and the human rights clause in the Constitution.Correspondingly,the domestic legal order is brought into line with the international legal order through the Con-stitution and its human rights clause.Behind the system of fundamen-tal rights in the constitutional order is the value foundation of the en-tire legal system.The advancement of foreign-related rule of law has brought new opportunities for China’s judicial practice to further pro-mote the protection of human rights.In the future,we should further integrate the human rights values embedded in socialism into China’s constitutional practice,enhance human rights protection around the country,and take a more active part in global human rights gover-nance. 展开更多
关键词 human rights clause foreign-related rule of law socialist constitution constitutionalization of human rights
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The Socialist Rule of Law with Chinese Characteristics and Human Rights Protection 被引量:1
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作者 谷春德 《The Journal of Human Rights》 2015年第2期113-121,共9页
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
关键词 rule of law human rights fundamental value judicial protection
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The Relationship between Civil&Commercial Law and Economic Law in the Context of the Market Economy
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作者 Ding Yanshen Fu Qilin 《学术界》 CSSCI 北大核心 2020年第7期218-226,共9页
Both civil&commercial law and economic law are the main legal basis for supervising market behavior and regulating market order.They are indispensable laws in the national economic development and construction.By ... Both civil&commercial law and economic law are the main legal basis for supervising market behavior and regulating market order.They are indispensable laws in the national economic development and construction.By analyzing the relationship between civil&commercial law and economic law in the context of market economy,this article explores the similarities and differences between,and through the perfection and application of the two,China’s social and economic stability and a lasting progress can be better realized under the mechanism of market economy. 展开更多
关键词 market economy civil&commercial law(CCL) economic law economic regulation
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On the Eve of the Enforcement of the Arbitration Law——An interview with Xu Dayou, vice-chairman of China Council for the Promotion of International Trade and of the China International Economic and Trade Arbitration Commission 被引量:1
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作者 Min Zi 《China's Foreign Trade》 1995年第6期6-7,共2页
The Arbitration Law of the People’s Republic of China will go into effect on September 1, 1995, which has become the focus of world attention. This is an important law promulgated by China for handling economic dispu... The Arbitration Law of the People’s Republic of China will go into effect on September 1, 1995, which has become the focus of world attention. This is an important law promulgated by China for handling economic disputes. All the parties concerned are making intense preparations for the successful enforcement of the Law. As the first nongovernmental organisation engaged in arbitration affairs, the China Council 展开更多
关键词 On the Eve of the Enforcement of the Arbitration law vice-chairman of China Council for the Promotion of International Trade and of the China International economic and Trade Arbitration Commission An interview with Xu Dayou
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A Probe into the Issue of Socialist Rule of Law and the Reform of Legal System
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作者 Xiaoxing Xie 《International Journal of Technology Management》 2017年第1期75-76,共2页
The CPC Central Committee with Comrade Hu Jintao as the general secretary puts forward the new concept of socialist rule of law, which is the great ideological and theoretical achievement of China’s reform and openin... The CPC Central Committee with Comrade Hu Jintao as the general secretary puts forward the new concept of socialist rule of law, which is the great ideological and theoretical achievement of China’s reform and opening up and socialist construction. From the concrete connotation, this article analyzes the formation of the socialist rule of law. The unique social and historical conditions, the progress of social civilization, the increasing public awareness of the rule of law, the pursuit and sublimation of the rule of law experience of the ruling party contributed to the establishment and development of the socialist concept of rule of law. At the same time, it is suggested that the rule of law should be popularized in the whole society, and the socialist rule of law can be transformed into the conscious action of the ruling party, state organs, social organizations and all citizens, so that the concept of socialist rule of law will truly attract and benefit the masses. The great practice of the people. 展开更多
关键词 socialist rule of law social civilization legal awareness rule of law
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WTO and the Construction of Rule of Law in China
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《China's Foreign Trade》 2002年第7期6-27,共22页
关键词 WTO and the Construction of rule of law in China rule
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A Brief Introduction to Standardization Education at the School of Business Administration, Zhongnan University of Economics and Law
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作者 Wang Jiyun Mei Lixia 《China Standardization》 2010年第1期22-29,共8页
This article briefly introduces the history, current situation and characteristics of standardization management education in the School of Business and Administration (SBA), Zhongnan University of Economics and Law... This article briefly introduces the history, current situation and characteristics of standardization management education in the School of Business and Administration (SBA), Zhongnan University of Economics and Law (ZUEL). ZUEL's different levels of standardization education are discussed in detail, including undergraduate students, graduate students, and continuing education training for working professionals. Also ZUEL's teaching style, research foundation, and relative experiences in standardization education are introduced. ZUEL's capacity and characteristics are comprehensively shown and expected further developments in standardization education at ZUEL are provided. 展开更多
关键词 STandARDIZATION standardization education Zhongnan University of economics and law
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Brief Analysis on the Right of Privacy in a Perspective of Law and Economic
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作者 XUE Yang 《Review of Global Academics》 2015年第2期528-531,共4页
The development of the technology of network had been of great convenience to get access to information. However, it was undeniable that a bad phenomenon had become even more and more serious that others' information... The development of the technology of network had been of great convenience to get access to information. However, it was undeniable that a bad phenomenon had become even more and more serious that others' information would be obtained by illegal means, and the research on the protection of privacy had increasingly aroused people's concern. The right of privacy not only had the usually outside personality characteristics, but also had a certain characteristics of property. This paper had attempted to study the right of privacy from the perspective of law and economics by interpreting the property in the right of privacy, in order to perfect the protection system of privacy in our country. 展开更多
关键词 Right of privacy law and economic Right of property Costs and benefits
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A Summary of Views from the Symposium on “Comprehensively Advancing Rule of Law and China's Human Rights New Development”
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作者 尚海明 MA Jing 《The Journal of Human Rights》 2017年第3期278-293,共16页
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
关键词 comprehensive promotion of rule of law human rights cause rule of law and human rights
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Combining the Rule of Law with the Rule of Morality——General Secretary Xi Jinping's Important Discourse on the Relationship Between the Rule of Law and Rule by Virtue
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作者 徐显明 LI Kunyan 《The Journal of Human Rights》 2017年第2期103-109,共7页
Key points:Throughout the ages,rule of law has been an indispensable means of governing a state.However,as General Secretary Xi Jinping has pointed out,it is not enough to govern a state by the rule of law
关键词 of it or as General Secretary Xi Jinping’s Important Discourse on the Relationship Between the rule of law and rule by Virtue Combining the rule of law with the rule of Morality rule by is that been on with
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Forty Years' Construction of Rule of Law and the Legalization of Human Rights Protection in China
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作者 常健 NI Weisi(译) 《The Journal of Human Rights》 2018年第2期202-222,共21页
A market economy requires the individual rights of citizens be protected, and that the exercising of those rights be regulated, whose realization depends on the legalization of human rights protection On the one hand... A market economy requires the individual rights of citizens be protected, and that the exercising of those rights be regulated, whose realization depends on the legalization of human rights protection On the one hand, individual rights must be protected by law On the other hand, a law-based society needs to be built so the boundaries of individual rights are clear, the exercising of those rights are regulated, conflicts between rights can be resolved through the courts, and the personal infringement of others’ rights and the overall interests of the society is prohibited by law During the 40 years of China’s ref orm and opening-up in China, the promotion of the legal protection of human rights mainly lies in three aspects: first, the important role of the rule of law plays in protecting human rights has been clarified; second, the four steps of the rule of law(scientific legislation, strict law enforcement, judicial justice and observance of the law by all Chinese citizens) have been strengthened to safeguard human rights fully and effectively; third, the Chinese human rights system under the rule of law has gradually been aligned with international norms. 展开更多
关键词 construction of rule of law human rights protection reform and opening up LEGALIZATION
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Women’s Councils:A Practical Exploration on the Construction of Democracy, Autonomy and the Rule of Law at the Grassroots Level
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作者 曲相霏 TONG Xiaomei(译) 《The Journal of Human Rights》 2020年第5期638-656,共19页
The women’s councils are an innovation advocated by the All-China women’s federation for women’s participation in social management and grassroots democracy.They are a beneficial exploration for women to participat... The women’s councils are an innovation advocated by the All-China women’s federation for women’s participation in social management and grassroots democracy.They are a beneficial exploration for women to participate in public affairs according to the law in accordance with Article 2 of the Constitution of the People’s Republic of China,and are a model of"the combination of autonomy,rule of law and rule of virtue."The women’s councils have aroused the enthusiasm of women to participate in public affairs,stimulated their autonomous vitality and creativity,and helped to solve the problems of women’s lack of representation and voice in decision-making.The process of deliberation is also the process of developing the awareness of rights,rules,consultation ability,the concept of the rule of law and even thinking about the rule of law.The women’s councils not only help to protect the rights and interests of women and children and promote women’s development,but also has unique value in enriching grassroots consultative democracy,developing grassroots mass autonomy,building a society ruled by law and promoting the implementation of the Constitution.we should therefore fully affirm,support and perfect the women’s councils so as to make it long-term,standardized and institutionalized. 展开更多
关键词 women’s councils consultative democracy society ruled by law combination of autonomy rule of law and rule of virtue implementation of the Constitution
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The Current Situation,Problems,and Improvement Path of Rule of Law Education in Primary and Secondary Schools in Chaoshan Area
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作者 Bin Li Zhou Yang Churui Chen 《Journal of Contemporary Educational Research》 2023年第12期308-315,共8页
Rule of law education in primary and secondary schools is an educational process to popularize legal knowledge,establish legal awareness,and cultivate the ability to respect,abide by,and use the law for the special gr... Rule of law education in primary and secondary schools is an educational process to popularize legal knowledge,establish legal awareness,and cultivate the ability to respect,abide by,and use the law for the special group of primary and secondary school students.The research found that rule of law education in primary and secondary schools in Chaoshan has yielded positive outcomes.However,there exist problems such as uneven synergy,incomplete inclusion of teachers and students,shortage of adequately trained professional teachers,and the need for enhanced organizational support.The relevance and effectiveness of rule of law education in primary and secondary schools will be enhanced by clarifying the target tasks,enhancing the effectiveness of the classroom,creating an atmosphere of the rule of law,and strengthening organizational support. 展开更多
关键词 EDUCATION rule of law education YOUTH Primary and secondary schools
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Notes on the Rule of Law and Human Rights in Chinese Traditional Culture
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作者 BY SONG SIO-CHONG 《The Journal of Human Rights》 2004年第3期28-31,共4页
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
关键词 Notes on the rule of law and Human Rights in Chinese Traditional Culture rule
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Persist in Law-based Protection of Human Rights and Improve the Mechanism for the Protection of Human Rights by the Rule of Law
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作者 韩大元 CHEN Feng 《The Journal of Human Rights》 2022年第2期235-247,共13页
General Secretary Xi Jinping delivered an important speech on China’s Path of Human Rights at a group study session of the Political Bureau of the CPC Central Committee on February 25,2022.Persisting with the law-bas... General Secretary Xi Jinping delivered an important speech on China’s Path of Human Rights at a group study session of the Political Bureau of the CPC Central Committee on February 25,2022.Persisting with the law-based protection of human rights and improving the mechanism for the protection of human rights by the rule of law are essential for unswervingly following the development path of human rights in China.The improvement of the mechanism for the protection of human rights by the rule of law necessitates adhering to the principle of respecting the dominant role of the people and removing the institutional obstacles in rule of law protection of human rights;to comprehensively strengthen the implementation of the Constitution,advance the filing and examination of the Constitution,and safeguard the authority of the Constitution;to accelerate the theoretical innovation of human rights and the construction of the discipline system,the academic system and the discourse system of human rights that meet the needs of the new era in China,and to actively participate in and contribute to the global governance on human rights,etc.Improving the mechanism for the protection of human rights by the rule of law can provide a solid protection for people enjoying a better life. 展开更多
关键词 human rights mechanism of rule of law protection development path of human rights in China
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The Evolutive Law concerning Relationship between Economic Growth and Farmers' Income Increase in Xinjiang since the Reform and Opening-up:An Empirical Analysis of the VEC Model
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作者 Xiaojun LIU Junsheng DAI 《Asian Agricultural Research》 2013年第1期4-8,共5页
We select the per capita gross domestic product and rural residents' per capita net income in Xinjiang as the indicator variables to measure economic growth and farmers' income increase in Xinjiang, respective... We select the per capita gross domestic product and rural residents' per capita net income in Xinjiang as the indicator variables to measure economic growth and farmers' income increase in Xinjiang, respectively. We establish the cointegration equation, the vector error correction (VEC) model, and use the impulse response function to conduct empirical analysis of the evolutive law concerning relationship between economic growth and farmers' income increase in Xinjiang during the period 1978-2010. The results show that there is a cointegration relationship between economic growth in Xinjiang and farmers' income increase; the former plays an important role in promoting the latter, following the evolutive law "first intensify, then abate, intensify again, and finally become stable". We put the following policy recommendations: providing preferential policies for farmers, scientifically and rationally guiding the transfer of rural labor; improving the function of agriculture, increasing the proportion of non-farm income; gradually bridging the widening income gap between urban and rural areas, coordinating urban and rural development. 展开更多
关键词 economic growth Farmers’ INCOME INCREASE Evolutive
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Revisiting the Spirit of the UDHR and Discussing Human Rights Development——Summary of Views from the Seminar Commemorating the 75th Anniversary of the Universal Declaration of Human Rights
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作者 刘炫麟 LI Donglin 《The Journal of Human Rights》 2024年第1期231-241,共11页
On December 4,2023,the China Society for Human Rights Studies hosted a seminar in Beijing commemorating the 75^(th) Anniversary of the Universal Declaration of Human Rights.Participants discussed topics such as the si... On December 4,2023,the China Society for Human Rights Studies hosted a seminar in Beijing commemorating the 75^(th) Anniversary of the Universal Declaration of Human Rights.Participants discussed topics such as the significance of the Universal Declaration of Human Rights,China’s theories and practices in respecting and safeguarding human rights,the three global initiatives and global human rights governance,human rights protection in the digital age,and telling Chinese stories of human rights in the new era.The discussions led to a broad consensus and achieved positive results. 展开更多
关键词 the Universal Declaration of Human Rights a community with a shared future for mankind the rule of law protection global human rights governance contemporary Chinese perspective on human rights
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“the rule of law”不能涵盖“法治”的内涵 被引量:2
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作者 莫寰 《中国青年政治学院学报》 CSSCI 2001年第2期52-54,共3页
“法治”(the rule of law)与“依法治国”(the rule by law)的根本区别在于所依之“法”,仅仅用“of”和“by”两个字无法将这两种法律思想和法律实践区别开来。“the rule of law”不能涵盖“法治”的内涵 ,“法治”的英文表述应该是... “法治”(the rule of law)与“依法治国”(the rule by law)的根本区别在于所依之“法”,仅仅用“of”和“by”两个字无法将这两种法律思想和法律实践区别开来。“the rule of law”不能涵盖“法治”的内涵 ,“法治”的英文表述应该是“the rule under natural law”。 展开更多
关键词 法治 依法治国 自然法则
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On the Choice of the Path for the Development of the Rule of Law in China: From the Perspective of Improving the Rule of Law Quality by Promoting the Substantive Rule of Law
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作者 Gu Rongxin 《学术界》 CSSCI 北大核心 2019年第5期212-223,共12页
The continuous debate on the formal rule of law and the substantive rule of law in the construction of the rule of law in China not only affects the understanding of the connotation of the rule of law in China,but als... The continuous debate on the formal rule of law and the substantive rule of law in the construction of the rule of law in China not only affects the understanding of the connotation of the rule of law in China,but also the choice of the path for the development of the rule of law in China.In the new stage of “comprehensively advancing the Law-Based Governance of China”,the process of “comprehensively advancing the Law-Based Governance of China” is also a process of continuously improving the rule of law quality in China.And from this perspective,the relationship between the formal rule of law and the substantive rule of law has got a new meaning.Promoting the substantive rule of law is an important way to realize the development of the rule of law and improve the quality of the rule of law.At the same time,the promotion of the substantive rule of law should follow the “people-centered” nature of the rule of law and the objective is conducive to the promotion of the rule of law and the formation of the “rule of law ecology”. 展开更多
关键词 formal rule of law SUBSTANTIVE rule of law rule of law QUALITY rule of law ecology rule of law development
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The Methods of Constructing the Legal Support System for the Returning-home Migrant Workers' Entrepreneurship——Based on the Perspective of Economic Law 被引量:3
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作者 OU Rong-rong,GONG Xuan-jie Southwest University of Political Science and Law,Chongqing 401120,China 《Asian Agricultural Research》 2010年第4期1-7,共7页
Based on the overview of concept of returning-home migrant workers' entrepreneurship,the thesis has introduced the features of migrant workers' entrepreneurship,as against other types of entrepreneurship,as fo... Based on the overview of concept of returning-home migrant workers' entrepreneurship,the thesis has introduced the features of migrant workers' entrepreneurship,as against other types of entrepreneurship,as follows. Starting from a low base and multi-level perspective;conducting entrepreneurship in manifold industries,mainly in those labor-intensive enterprises;conspicuous mutual interaction and reversibility are embodied in the group characteristics;the strong driving force of returning-home migrant workers' entrepreneurship comes from their affection for hometown. The process of returning-home migrant workers' entrepreneurship can be divided into three stages,namely returning rush,investing rush,and entrepreneurship rush,on which we give the analysis respectively in terms of the continuous change of social mobility,transformation on the part of the main body of entrepreneurship,and the expansion of industry field concerning entrepreneurship. More over,we have discussed the methods of constructing the legal support system for the returning-home migrant workers' entrepreneurship. Firstly,it needs institutionalization,which is the basis of constructing the legal support system for the returning-home migrant workers' entrepreneurship;secondly,it needs definite guiding ideology as the premise of constructing the legal support system for the returning-home migrant workers' entrepreneurship;thirdly,it needs the precise orientation of target group as the key of constructing the legal support system for the returning-home migrant workers' entrepreneurship;finally,appropriate support methods are the pivot of constructing the legal support system for the returning-home migrant workers' entrepreneurship. 展开更多
关键词 MIGRANT workers Returning-home ENTREPRENEURSHIP Le
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