The Historic Achievements of the Communist Party of China in Respecting and Protecting Human Rights in the New Era

In the new era,the Communist Party of China(CPC)has made historic achievements in respecting and protecting human rights.Building upon the principle of the“two integrations”(integrating the basic tenets of Marxism with China’s specific realities and fine traditional culture),it has nurtured new theories on respecting and protecting human rights in the new era,which can address the fundamental questions of whom and what the human rights protection efforts in the new era are for.Guided by the principle of“taking our own path,”it has charted a distinct course for the development of human rights,diverging from the Western approach.The CPC has maintained the unity between Party leadership and the respect for and protection of human rights,promoting progress in human rights through the pursuit of“high-quality development,”and ensuring various fundamental rights of the people through the rule of law.Building upon the past experience,the CPC has established the“source”of the institutional framework for respecting and protecting human rights in the new era,crafted the“body”of this institutional framework,and introduced its practical“application.”In promoting the comprehensive advancement of human rights protection,the CPC has facilitated the connotative development of human rights protection in China,empowering China in international human rights discourse,and contributing Chinese strength and wisdom to global human rights governance.

The Protection of Right of Minors to Express Their Opinions in Family Litigations

The right of minors to express their opinions in family litigations refers to minors,who have a certain degree of mental capacity and assertiveness,having the right to express their opinions on the arrangements or decisions related to themselves when the courts handle familial litigation cases involving their interests,and to request the courts hear their opinions.In essence,the right of minors to express their opinions in family litigations belongs to the basic procedural rights of minors as well as judicial beneficiary rights.As for the protection of the right of minors to express their opinions in family litigations,recognizing the status of minors as independent subjects of rights is the logical premise,the procedural guarantee for the rights of the substantive parties involved is the direct cause,and ensuring the best interests of children is the fundamental reason.In order to protect the right of minors to express their opinions in family litigations,China should standardize the mechanisms for judges to hear the opinions of minors directly,improve the mechanisms for family investigators,and establish mechanisms for representing the interests of minors.

Relief for Defendants Whose Litigation Rights Have Been Infringed upon by Courts: Problems and the Way Out

In regard to the people’s court’s infringement upon the litigation right of defendants,there are two relief means in our country:procuratorial supervision and appeal,neither of which can realize the goal of relief.The conflict between interrogation and defense has to do with the lack of relief mechanism.To solve the problem concerning relief to the defendant whose litigation right is infringed upon the court,independent procedural appeal mechanism must be established,the relationship between it and factual appeal must be properly dealt with.The procedure for procedural appeal should be made in accordance with the characteristics of procedural appeal.

The Empirical Investigation and Improvement Path of Judicial Protection of Civil Litigation Rights in China

The close coupling of civil litigation rights and human rights mean how well litigation rights are realized can directly or indirectly affect the judicial protection of human rights.Therefore,human rights protection in the field of civil litigation should take the right of civil litigation as the starting point and core.Based on a sample questionnaire survey of judges and lawyers,this paper conducts an empirical analysis and proposes that the exercise of this right should be taken as the main line to build a comprehensive protection mechanism for this right to realize its role in providing an institutional guarantee for human rights protection.It specifies three aspects:first,the process of filing a case should uphold the freedom and equality of the right to initiate litigation,remove substantial obstacles that affect the filing of the case,and ensure access to justice for disadvantaged groups;second,the trial procedure should have strengthened checks and balances on judicial power to ensure the right of litigation is compromised,and respects the procedural subject status of the two parties to realize equal protection of both parties;the third is to promote the implementation and improvement of relief for this right in the supervisory procedure,clarify the boundary of its relief by procuratorial supervision,and enhance the comprehensiveness and accuracy of the relief.

Protection of Human Rights through Administrative Litigation——An interview with Professor Zhan Zhongle,School of Law,Peking University

Question： Would you elaborate on the progress China has made under the state policy of reform and opening-up in improving the system of administrative litigation？ Answer： Efforts-in this reguard began in 1982, with publication of the Law of Civil Procedures （for trial implementation）.

Judicial Typification of Human Rights Protection Amid Climate Risks:Legal Analysis and Path Choice

In accordance with the canonical sources of the right of legal claim,the targets of judicial review,and the intensity of judicial review intervention policies,lawsuits that directly and indirectly activate the function of human rights protection amid climate risks can be divided into the following categories:climate change lawsuits based on international human rights law,climate change lawsuits based on the domestic constitution,and judicial review of administrative procedures.Due to the singularity of the legal status and force of international human rights law,its“direct applicability”and“explanatory applicability”limit its function in protecting human rights;Climate change lawsuits based on domestic constitutions have the identification of basic right of claim,the judgment of basic rights and function,and the scope of state obligations as the judgment process.Factors such as the difficulty in right typification caused by the integration of climate law and interests,the expansion of discretionary and administrative power in legislation under the context of risk prevention,and the functional boundary of the judicial system cause the dysfunction of the dichotomous review standard of positive rights and negative rights.Procedural rights represent an important dimension of climate-related human rights.With the standardization of administrative procedures on addressing climate risks,the courts are gradually reinforcing decision-making authorities’obligation of due diligence through judicial review of risk decision-making procedures,thus indirectly guaranteeing the realization of tangible human rights.

Human Rights in China:Exploration and Development of Whole-process People’s Democracy

Whole-process people’s democracy represents a new exploration of socialism with Chinese characteristics for a new era as well as a novel and important method for protecting the human rights of the Chinese people.It is conducive to solving a multitude of problems hindering the protection of civil rights and political rights.The greatest highlight of whole-process people’s democracy is that the people are the masters of their own country and exercise the power to govern the state through“extensive participation and consultation.”China’s experience and approaches in advancing whole-process people’s democracy provide a reference for other countries.

The Human Rights Discourse and its Changes during the Early Establishment of the Communist Party of China: From 1921 to 1927

during the early establishment of the Communist Party of China,human rights became the ideal and goal pursued by the Chinese Communists,and the discourse of human rights was vividly reflected in multiform Party documents.The centennial history of the CPC parallels that of the Chinese people’s exploration,struggle,and practice of human rights.Based on the literature review of the changes of the CPC―human rights discourse from its founding period to the Great Revolution period,this paper expounds on the CPC’s human rights discourse and its expressions in the early days after the Party was founded.

The Logic of Change of the CPC’s Human Rights Discourse Since the Founding of the People’s Republic of China

Since the founding of the People’s Republic of China70 years ago,the human rights discourse of the Communist Party of China has been constantly updated.In the early years of the founding of the People’s Republic of China,the CPC spontaneously formed a collective discourse on human rights with the right to subsistence and self-determination as its core;in the 1980 s,in the process of reflection and refutation,the CPC paid more attention to individual rights,and gradually increased the sense of a human rights discourse with Chinese characteristics;since the 1990s,the CPC has combined the specific national conditions and the international environment to form a human rights discourse.The system of human rights discourse has been constructed in terms of the order of priority of human rights protection,path of human rights development,relationship between human rights and sovereignty,and development of the world human rights cause.Since the 18th National Congress of the CPC,the CPC has put forward the idea that"living a happy life is the primary human right"at home and the idea of building a Community with a Shared Future for Human Beings for the world,and the discourse system of human rights with Chinese characteristics has gradually been improved.The independent variable of the change of human rights discourse of the CPC is the specific national conditions at different stages and the recognition of national identity formed on this basis.The other variable is the international environment and external relations that China is facing.

The Communist Party of China's Human Rights Assertions in its Centennial Diplomacy: An Evolutionary Evaluation

The Communist Party of China’s propositions regarding human rights in its diplomatic practice over the past 100 years have emerged and evolved amid drastic changes in the domestic and international environment,and it is necessary to interpret them in the context of the times and their particular historic juncture.With the theme of the CPC’s diplomatic thought changing from“revolution and war”to“peace and development”over the past century,the core value of the CPC’s propositions regarding human rights in its diplomatic practice has gradually evolved from the view of collective human rights characterized by demanding,realizing and defending the right to national self-determination to the view which attaches equal importance to individual and collective human rights and espouses a people-centered approach in human rights protection.In this process,the CPC has followed the international trend,accepted international human rights norms,actively participated in global human rights governance,integrated the universality of human rights with China’s national conditions,continually summed up its own experience in human rights practice,provided the international community with Chinese wisdom and solutions,advanced the establishment of a fairer,more reasonable and inclusive global human rights governance system,promoted the building of a community of shared future for mankind,and opened a new path of human rights diplomacy with Chinese characteristics.

A Centennial Journey of Putting People First——“The Communist Party of China and the Progress on Human Rights in China” International Conference Summary

The International Conference on"The Communist Party of China and the Progress on Human Rights in China"was held on April 8,2021.It was sponsored by the China Society for Human Rights Studies and the Publicity Department of the CPC Jilin Provincial Committee and organized by Jilin University Human Rights Center,Jilin University School of Law,and Jilin University Center for Jurisprudence Research.At the conference,representatives from more than 20 countries discussed in depth the achievements,experience,and theories of the Communist Party of China in leading the Chinese people to strive for a better life and promoting the protection of human rights from dimensions of history and reality.The conference fully demonstrated the historical role and significance of the CPC’s path,thoughts,theories,and practices concerning human rights.

The Centennial History and Significance of the Protection of the Rights and Interests of Persons with Disabilities by the Communist Party of China

The Communist Party of China has been concerned with the protection of the rights and interests of persons with disabilities since its founding.in the period of the new democratic Revolution and after the founding of the People’s Republic of China,it adopted a series of protective measures in various forms in line with local conditions.Since the reform and opening-up,the cause of persons with disabilities has developed in an all-around way under the leadership of the CPC.especially since the 18th national Congress of the Communist Party of China,the protection of human rights for persons with disabilities has been innovatively developed,and persons with disabilities have been truly participating in social affairs and share the country’s development gains as equal subjects of rights.The centennial history of the Party’s protection of the rights and interests of persons with disabilities shows that the CPC’s ideas of human rights protection consecutively comprise humanitarian assistance,humanitarian protection,and people-centered human rights protection.The main identity of persons with disabilities has changed from the object of protection during the revolution to the object of medical care and social welfare,and the subject of human rights.The content of protection of rights and interests has developed from survival assistance to comprehensive protection including education,rehabilitation,employment,etc.The dignity,autonomy,equality,and social participation of persons with disabilities as the subject of human rights have become increasingly prominent.

The Communist Party of China and Human Rights

The Communist Party of China （CPC） has persistently fought for human rights since its founding in 1921.This is epitomized by the Party＇s success in promoting democracy, getting the Chinese nation to rally around it, uniting with religious believers and protecting human rights.

The Communist Party of China Has Always Been the Firm Core of Leadership for China's Human Rights Development and Progress

Under the leadership of the Communist Party of China,the human rights cause in China has developed and progressed through the period of democratic revolution,the early founding of the People’s Republic of China,the new period of reform and openingup,and the new era of socialism with Chinese characteristics.all previous national Congresses of the Communist Party of China have made illustrations and arrangements on human rights issues,and the successive Party leaders have made important expositions on human rights issues.The Party and the state have enacted a series of policies,laws,and regulations to protect human rights in various periods.China has made historic and great achievements in human rights practice and created a human rights development path suited to China’s national conditions.China’s human rights development over the past century has fully proved that the CPC has always been,and it remains,the firm core of leadership for China’s human rights development and progress.

The Path of Human Rights Development with Chinese Characteristics and the Party's Leadership Development

Driving the development of human rights in China and participating in global human rights governance are the inherent requirements for the development of human rights with Chinese characteristics.To explore a path for the development human rights with Chinese characteristics,the fundamental requirement is to push forward the development of the Party’s leadership in multiple dimensions while adhering to the Party’s leadership.Among them,the Party’s political leadership is the fundamental guarantee for the path of human rights development with Chinese characteristics to move in the right direction.The Party’s ideological leadership provides advanced guidance for the path of human rights development with Chinese characteristics.The Party’s strategic decision-making capability determines the effectiveness of the path of human rights development with Chinese characteristics.The Party’s capability of mobilizing and leading the whole of society and integrating political and social resources is a necessity for a sustainable power supply for the path of human rights development with Chinese characteristics.Establishing a path of human rights development with Chinese characteristics and further promoting respect for and protection of human rights are important actions to advance the Party’s leadership development in the New Era.

The Human Rights Legislation Practices of the Communist Party of China During the War of Liberation

During the War of Liberation,the liberated areas,under the leadership of the Communist Party of China,kept deepening and developing the concepts and ideas of protecting human rights,promulgated a series of human rights laws and related administrative programs,and put them into practice.The contents included not only the political rights of citizens but also their economic,social,and cultural rights,with emphasis on the protection of the rights to subsistence and development.The human rights legislation in the liberated areas has a wartime and class-based nature due to its social environment.It reflects the transition of the Communist Party of China from a revolutionary party to a ruling party on the historical stage.It played an important role in directing,advancing,and promoting the progress of democracy and the rule of law at that time and accumulated experience for the human rights legislation after the founding of the People’s Republic of China.History proves that the Communist Party of China has always been a political party dedicated to fighting for the human rights of the Chinese people,and only the Communist Party of China can lead China’s human rights development to a deeper level.

Communist Party of China and Human Rights Protection for Criminals

Protection of criminals＇ human rights is an important issue that has received full atten- tion at home and abroad. The Communist Party of China （CPC） has always attached much importance to the protection of criminals＇ human rights. Since the founding of New China, the Party and the state have paid full attention to protecting the human rights of criminals.