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The Protection of Human Rights in the Construction of Barrier-free Environment--Viewed from the perspective of the Marxist Human Rights Concept
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作者 吕俊彦 LI Donglin(Translated) 《The Journal of Human Rights》 2023年第6期1277-1298,共22页
The construction of a barrier-free environment contains a rich connotation of human rights protection,and is closely related to the study of human rights protection in China.With the evolution of the concept of barrie... The construction of a barrier-free environment contains a rich connotation of human rights protection,and is closely related to the study of human rights protection in China.With the evolution of the concept of barrier-free design and the expansion of its beneficiary groups,constructing a barrier-free environment has become a basic task that benefits all members of society and meets the public needs of all the people,with its core goal expanding from the protection of the rights of the disabled to the protection of the basic rights and interests of all members of society.Building a barrier-free environment from the perspective of the Marxist human rights concept is conducive to safeguarding the people’s right to subsistence and development,and at the same time,it satisfies their demand for the right to pursue a high-quality and better life and reflects the common vision of everyone in society fully enjoying human rights.promoting the construction of a barrier-free environment in terms of legal protection based on China’s institutional advantages can improve and innovate the country’s legislation on the construction of a barrier-free environment,so as to play an exemplary and guiding role in enhancing the international barrier-free level and enable all people to enjoy the good life created through the drive to build a barrier-free environment. 展开更多
关键词 construction of barrier-free environment human rights protection Marxist human rights concept
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Addressing Japan’s disposal of nuclear-contaminated water from the perspective of international human rights law
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作者 Yen-Chiang Chang Xiaonan Zhao 《Chinese Journal of Population,Resources and Environment》 2024年第1期1-9,共9页
The discharge of nuclear-contaminated water containing radionuclides into the ocean by Japan will lead to its integration into the entire ecosystem through processes of circulation and biomagnification,eventually ente... The discharge of nuclear-contaminated water containing radionuclides into the ocean by Japan will lead to its integration into the entire ecosystem through processes of circulation and biomagnification,eventually entering the human body via the food chain.This poses a substantial risk of irreversible damage to both the ecosystem and human health,a situation that will worsen with the ongoing discharge of such water.The respect and protection of human rights represent an international consensus,and safeguarding fundamental human rights is a substantial obligation that states must undertake in accordance with both international and domestic law.Since the Fukushima nuclear disaster,Japan has continuously violated its international legal obligations to protect human rights in several areas,including the resettlement of disaster victims,the reduction of nuclear radiation levels,and the handling of contaminated water.Such actions have compromised and will continue to compromise the basic human rights of not only its citizens but also those of people worldwide,including environmental rights,the right to life,development rights,and food rights.In the aftermath of the Fukushima meltdown,the public and workers involved in handling nuclear contaminants have been continually exposed to high radiation levels,endangering their rights to life,development,and health.Japan’s inadequate efforts in victim resettlement and environmental restoration have jeopardized the environmental and food rights of its citizens to live healthily and access food in an environment unaffected by nuclear radiation.The release of nuclear-contaminated water poses a risk of Japan’s nuclear pollution to the people of neighboring countries and the global population at large.The principle of human rights underpins the theory of a community with a shared future for humanity,and human rights are a crucial area of China’s active participation in United Nations affairs and global governance.By voicing concerns over Japan’s potential human rights violations globally,China demonstrates its role as a responsible major country.In response to Japan’s breach of legal obligations and human rights violations,China can adopt a reasoned and beneficial approach,including calling on the international community to hold Japan criminally accountable for crimes against humanity under the Rome Statute and advancing scholarly discussions on ecocide and crimes against the marine environment.Furthermore,China should persist in seeking advisory opinions from the International Court of Justice and strive for substantive accountability,utilizing the mechanisms of international human rights organizations to make its voice heard. 展开更多
关键词 Fukushima nuclearcontaminated water Crimes against humanity Remedy for violations of human rights right to environment right to life
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Comparative Analysis of Environment Right and Property Right of Environment Resources 被引量:1
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作者 ZUO Zheng-qiang ZHANG Yong-ren 《Meteorological and Environmental Research》 2012年第5期60-64,共5页
The generation, connotation, property, subject and object, and contents of environment rights and environment resources property were studied. And based on these, the similarities and differences were discussed so as ... The generation, connotation, property, subject and object, and contents of environment rights and environment resources property were studied. And based on these, the similarities and differences were discussed so as to master the connotation of environment resources property. 展开更多
关键词 environment right environment resources property right Comparative analysis China
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Study on the Definition and Allocation of the Rights to Water Utilization in the Ecological Environment 被引量:1
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作者 Xie Yonggang Li Yunling 《Ecological Economy》 2005年第3期25-30,共6页
With the rapid development of population and economy, the conflict between the supply and demand of water resources is becoming outstanding increasingly, In China, many people concern about the problems of ecological ... With the rapid development of population and economy, the conflict between the supply and demand of water resources is becoming outstanding increasingly, In China, many people concern about the problems of ecological environment water expenditure.However, owning to the shortage of water resources and indefinite water rights, “the hustle effect” of per capita water resource is appeared, Moreover. it caused a series of environment problems. This article differentiates and analyzes the relevant concepts about the ecological enviromnent, and puts forward the defined concept of the rights to the ecological environment water utilization. In addition, it points out the characteristic of those rights, and does elementary study on the allocation principle, methods, and steps on the rights. 展开更多
关键词 ecological environment rights ro water utilization definition allocation
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The Conflict and the Balance between the Right to Development and the Right to the Environment——Perspective and Reflection Based on China 被引量:1
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作者 李红勃 《The Journal of Human Rights》 2017年第1期82-91,共10页
The right to development and the right to the environment are both third generation rights, closely related to human development and world peace. For developing countries, there is a de facto conflict between the righ... The right to development and the right to the environment are both third generation rights, closely related to human development and world peace. For developing countries, there is a de facto conflict between the right to development and the right to the environment, which leads to serious consequences. To coordinate development and the environment, developing countries should shift their pattern of development, take the path of sustainable development and realize environmental protection and ecological balance while promoting economic growth. 展开更多
关键词 the right to development the right to the environment Declaration on the right to Development
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Right to Environment:A New Human Right Of Modern Times
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作者 LIU MIN 《The Journal of Human Rights》 2002年第4期21-25,共5页
Human rights are the fundamental rights. The right to environment is derived from human rights. The right to life lies in the central core of human rights. Without a sound environment it would not be possible to susta... Human rights are the fundamental rights. The right to environment is derived from human rights. The right to life lies in the central core of human rights. Without a sound environment it would not be possible to sustain an acceptable quality of life or even life itself. The right to environment therefore originated in the right to life, but transcends lite. Thus it is a new human right of modern times. 展开更多
关键词 right to environment LIFE
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Optimize the Environment for Human Rights Development and Boost Sustainable Human Rights Development
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作者 Luo Haocai 《The Journal of Human Rights》 2013年第4期2-4,共3页
Human rights are not isolated; rather, they are human rights situated in the soci- ety, the network interwoven with economy, politics, society, culture and so on, and human rights protection has to depend upon certain... Human rights are not isolated; rather, they are human rights situated in the soci- ety, the network interwoven with economy, politics, society, culture and so on, and human rights protection has to depend upon certain interior and exterior environments and institutional arrangement. As early as in 1948, the Universal Declaration of Human Rights has pointed out, "Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized." The realization of human rights not only involves the claim to rights themselves, 展开更多
关键词 very Optimize the environment for Human rights Development and Boost Sustainable Human rights Development
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Building a Sustainable Environment for Human Rights Development; Earnestly Respecting and Ensuring Human Rights
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作者 CHEN SHIQIU 《The Journal of Human Rights》 2014年第3期6-7,共2页
Constructing an environ- ment for human rights development is a large, comprehensive project as well asa long and arduous mission. Although constructing an environment for human rights development was not mentioned mu... Constructing an environ- ment for human rights development is a large, comprehensive project as well asa long and arduous mission. Although constructing an environment for human rights development was not mentioned much in the past, in actuality it began early and achieved sustained progress. It is a gradual process that is also a prerequisite for earnestly respecting and ensuring human rights. There are five dimensions to building a sustainable environment for human rights development. 展开更多
关键词 Building a Sustainable environment for Human rights Development Earnestly Respecting and Ensuring Human rights
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Consider Science, Technology, Environment and Human Rights as a Whole to Achieve Scientific Development
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作者 Luo Haocai 《The Journal of Human Rights》 2013年第2期2-4,共3页
The 18th National Congress of CPC, which concluded not long ago, put forward the ambitious goal ofcompletely building up a better-off society by 2020. Since the reform and opening of 1978, especially in the past decad... The 18th National Congress of CPC, which concluded not long ago, put forward the ambitious goal ofcompletely building up a better-off society by 2020. Since the reform and opening of 1978, especially in the past decade, the human rights construction of China has made enormous achievements. The complete building up of a better-off society requires taking comprehensive consideration of many aspects, such as the economy, politics, culture, 展开更多
关键词 TECHNOLOGY Consider Science environment and Human rights as a Whole to Achieve Scientific Development
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Judicial Protection of the Right To Environment——An analysis of a fishery pollution case
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作者 Wen Hui is a lecturer with the State Prosecutor College and Xia Jun is a lawyer with Beijing Zhongzi Law Firm. 《The Journal of Human Rights》 2004年第1期18-19,共2页
The Law of the People’s Republic of China on the Environmental Protection stipulates that every unit and individual is obliged to protect environment. The Law of the People’s Republic of China on the Protection of M... The Law of the People’s Republic of China on the Environmental Protection stipulates that every unit and individual is obliged to protect environment. The Law of the People’s Republic of China on the Protection of Marine Environment provides that those who are held liable for marine pollution that causes damage should eliminate the hazard and repay the losses. An example is the case of fishery pollution in Leting County, Hebei Province. The Case With a coastal line of 98 kilometers and a total area of beach land of 43,300 hectares, Leting at the Luanhe River Delta by the Bohai Sea claims the best beach land shell farms in China. In early October of 2000, the industrial 展开更多
关键词 Judicial Protection of the right To environment An analysis of a fishery pollution case
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A Retrospective and Prospective Look at Human Rights Education in Chinese Universities and Colleges——A Simultaneous Discussion of the Basic Effects of Human Rights Education on the Human Rights Development Environment
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作者 LIU SHIPING 《The Journal of Human Rights》 2013年第6期5-8,共4页
1. The Role of Human Rights Education in Promoting Human Rights Development 1. Human rights education shapes the soft environment for human rights development
关键词 A Retrospective and Prospective Look at Human rights Education in Chinese Universities and Colleges A Simultaneous Discussion of the Basic Effects of Human rights Education on the Human rights Development environment
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Creating an Institutional Environment for Protecting the Rights and Interests of China’s Dispatched Labor
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作者 NIU YOUNING 《The Journal of Human Rights》 2011年第5期16-21,共6页
Employment is fundamental in improving the livelihood of the people and social security is the source ofhuman happiness. This is how the international community protects and improves basic human rights. It is also the... Employment is fundamental in improving the livelihood of the people and social security is the source ofhuman happiness. This is how the international community protects and improves basic human rights. It is also the policy China has adopted to achieve sustainable economic and social development. Furthermore, it is clear evidence of China's respect and protection of human rights. 展开更多
关键词 Creating an Institutional environment for Protecting the rights and Interests of China s Dispatched Labor
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Taking a Path of Human Rights Development Suitable to the Economic Basis and Humanistic Environment of China, Realizing“Chinese Dream”
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作者 Huang Mengfu 《The Journal of Human Rights》 2013年第4期5-7,共3页
The Sixth Beijing Forum on Human Rights is opened today, which is co-spon- sored by the China Society for Human Rights Studies and the China Foundation for Human Rights Development. First, on behalf of the China Found... The Sixth Beijing Forum on Human Rights is opened today, which is co-spon- sored by the China Society for Human Rights Studies and the China Foundation for Human Rights Development. First, on behalf of the China Foundation for Human Rights Development, I would like to express warm congratulations to the opening of the Forum, and heartfelt thanks tothe friends who have always cared for and supported for the development and progress of human rights cause of China. 展开更多
关键词 Chinese Dream Realizing Taking a Path of Human rights Development Suitable to the Economic Basis and Humanistic environment of China
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Create an International Environment for the Peaceful and Steady Development to Boost the Sound Development of Human Rights on the International Stage——An Address at the Opening Ceremony of the 7th Beijing Forum on Human Rights, Spet. 17, 2014
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作者 HUANG MENGFU 《The Journal of Human Rights》 2014年第6期8-10,共3页
Since its initiation in 2008, the Beijing Forum on Human Rights has been bent on promoting our mutual understanding and expanding our common grounds. It has carried out very fruitful exchanges and researches around ma... Since its initiation in 2008, the Beijing Forum on Human Rights has been bent on promoting our mutual understanding and expanding our common grounds. It has carried out very fruitful exchanges and researches around many important questions concerning human rights development, and hence attained great achievements. It has played avery constructive role in promoting exchanges about and cooperation in human rights between China and other countries, becoming an important and influential platform for international dialogs over human rights. 展开更多
关键词 In Create an International environment for the Peaceful and Steady Development to Boost the Sound Development of Human rights on the International Stage SPET An Address at the Opening Ceremony of the 7th Beijing Forum on Human rights
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Construction of Environment for Sustainable Human Rights Development
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作者 Cai Mingzhao 《The Journal of Human Rights》 2013年第4期8-10,共3页
Today, we are gathered to welcome the opening of the Sixth Beijing Forum on Human Rights, which is co-sponsored by the China Society for Human Rights Studies and the China Foundation for Human Rights Development. Undo... Today, we are gathered to welcome the opening of the Sixth Beijing Forum on Human Rights, which is co-sponsored by the China Society for Human Rights Studies and the China Foundation for Human Rights Development. Undoubtedly it is of positive significance that human rights experts and scholars in the international human rights field from many countries in the world have assembled together in this golden season to plan human rights develop- ment. On behalf of the State Council Information Office of China, I wouldlike to express warm congratulations to the opening of this forum, and sincere welcome to friends in atten- dance. 展开更多
关键词 Construction of environment for Sustainable Human rights Development
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Forum Focuses on Environment as Basic Human Rights
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作者 OUR STAFF REPORTER 《The Journal of Human Rights》 2013年第4期38-38,共1页
"The pursuit of a clean, beau- tiful environment is among the most basic of humanrights, which deserves protection,'" said Luo Haocai, president of the China Society for Human Rights Studies. Luo made the remarks ... "The pursuit of a clean, beau- tiful environment is among the most basic of humanrights, which deserves protection,'" said Luo Haocai, president of the China Society for Human Rights Studies. Luo made the remarks during the Sixth Beijing Forum on Human Rights, which was held between opened on September 12 and 13, 2013. A healthy environment is espe- cially important to the Chinese people while the country is in the process of economic development, he said. 展开更多
关键词 Forum Focuses on environment as Basic Human rights
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知识产权是发展新质生产力的第一要素 被引量:9
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作者 易继明 《知识产权》 CSSCI 北大核心 2024年第5期3-28,共26页
生产要素、生产力与生产关系三者互动式发展,是人类社会进步的推动力量。从古典政治经济学到马克思主义的生产力理论及其中国当代“新质生产力”的理论创新,推动生产力发展的要素从“点状”到“面状”,已呈“立体状”。在新型生产要素... 生产要素、生产力与生产关系三者互动式发展,是人类社会进步的推动力量。从古典政治经济学到马克思主义的生产力理论及其中国当代“新质生产力”的理论创新,推动生产力发展的要素从“点状”到“面状”,已呈“立体状”。在新型生产要素及其组合创新中,知识产权是其内核。发展新质生产力,一方面要注重本土资源开发与知识产权保护,另一方面要将知识产权转化为现实生产力。同时,通过健全知识产权专门化审判体系,强化司法对新技术、新模式、新业态、新领域的促进作用,营造适应新质生产力发展的法律环境。在新质生产力的语境下,知识产权具有要素资源和法权双重属性,是发展新质生产力的第一要素。 展开更多
关键词 新质生产力 知识产权 本土资源 现实生产力 法律环境
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营商环境优化背景下的信用法治化研究 被引量:2
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作者 邢玲 《中国商论》 2024年第4期129-132,共4页
信用法治化是高水平的社会主义市场经济体制、国家法治化建设的必然要求,是优化营商环境的基础和重要组成部分。当前,各地都面临营商环境和社会信用体系建设的机遇和重大挑战。在市场和政府的双重推动下,我国应实现顶层设计从政策化向... 信用法治化是高水平的社会主义市场经济体制、国家法治化建设的必然要求,是优化营商环境的基础和重要组成部分。当前,各地都面临营商环境和社会信用体系建设的机遇和重大挑战。在市场和政府的双重推动下,我国应实现顶层设计从政策化向法治化的过渡,强化政务诚信、商务诚信,防范信用泛化,加强信用主体权益保护,完善以信用为核心的新型监管机制,强化信用服务机构的培育机制,加强信用环境塑造。完善社会信用法治体系,优化营商环境,实现经济社会的高质量发展。 展开更多
关键词 营商环境优化 高水平市场经济 信用法治化 信用服务 权益保护
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以中国话语在生态环境法典中确认环境权 被引量:1
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作者 吕忠梅 《学术前沿》 CSSCI 北大核心 2024年第12期4-11,共8页
编纂生态环境法典作为重大政治任务和立法任务,已列入全国人大常委会2024年年度工作计划。通过法典编纂,将党的十八大以来生态文明建设理论、制度、实践成果以法典的形式确认下来,适应新时代我国社会主要矛盾新变化,回应人民群众对美好... 编纂生态环境法典作为重大政治任务和立法任务,已列入全国人大常委会2024年年度工作计划。通过法典编纂,将党的十八大以来生态文明建设理论、制度、实践成果以法典的形式确认下来,适应新时代我国社会主要矛盾新变化,回应人民群众对美好生态环境的新期盼,是生态环境法典编纂的目标和方向。在生态环境法典编纂研究中,我们要以习近平新时代中国特色社会主义思想特别是习近平生态文明思想和习近平法治思想为指引,坚持人民立场,认真对待生态环境新期盼带来的利益关系新变化;坚持改革开放,准确把握我国环境权益保护现状与政策取向;坚持道路自信,以中国话语在生态环境法典中确认环境权并作出一般规定、建立相应的保障制度和救济制度,提升中国生态环境治理体系与治理能力现代化水平,提供加强全球生态环境治理的中国方案。 展开更多
关键词 生态环境法典编纂 环境权 人民立场 改革开放 道路自信
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智能时代二次创作的著作权保护与限制研究
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作者 孙玉荣 卢润佳 《北京联合大学学报(人文社会科学版)》 CSSCI 2024年第4期45-54,共10页
智能时代,二次创作产业勃兴发展,原始作品激励与二次创作自由急需一个平衡经济效益和法律正义的协调机制。本文建议:首先,应加快著作权集体管理组织和相关制度的完善,有效对接互联网环境下的著作权集体管理,强化网络服务经营者的监管义... 智能时代,二次创作产业勃兴发展,原始作品激励与二次创作自由急需一个平衡经济效益和法律正义的协调机制。本文建议:首先,应加快著作权集体管理组织和相关制度的完善,有效对接互联网环境下的著作权集体管理,强化网络服务经营者的监管义务,优化授权许可模式;其次,将“三步检验法+转换性使用”的判断标准纳入合理使用判断体系之中,更加科学合理地判断互联网环境下的二次创作;再次,对于未经许可的二次创作作品,应对其进行著作权法消极保护,赋予其一定的禁止性权利,限制其积极性权利的行使,同时通过法律设计引导市场对未经许可的二次创作进行调节,减少司法资源浪费。 展开更多
关键词 二次创作 演绎权 互联网环境 著作权
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