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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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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 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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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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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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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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Advocating Human Rights Protection by Rule of Law, Supporting Human Rights Undertaking with a Giant Hand——Deep Condolences to Dear Former President Luo Haocai
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作者 常健 《The Journal of Human Rights》 2018年第2期133-136,共4页
Chairman Luo Haocai served as the president of CSHRS from 2007 to 2016.During those nine years, he built deep friendships with researchers on human rights.Because President Luo served as vice chairman of the National ... Chairman Luo Haocai served as the president of CSHRS from 2007 to 2016.During those nine years, he built deep friendships with researchers on human rights.Because President Luo served as vice chairman of the National Committee of CPPCC for a long time, we were used to calling him "Chairman Luo." Chairman Luo was a leader with strategic and overall awareness, a scholar-official, an elder with a young mentality, and a motivator and protector of young people. 展开更多
关键词 Deep Condolences to Dear Former President Luo Haocai Supporting human rights Undertaking with a Giant Hand Advocating human rights Protection by rule of law
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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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Comprehensive Preservation of Human Rights in the Context of “Comprehensively Advancing the Rule of Law”
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作者 李君如 《The Journal of Human Rights》 2015年第1期15-22,共8页
The Decision made at the Fourth Plenary Session of the 18 th Central Committee of the Communist Party of China(CPC) on comprehensively advancing the rule of law is an ambitious plan for ensuring human rights through t... The Decision made at the Fourth Plenary Session of the 18 th Central Committee of the Communist Party of China(CPC) on comprehensively advancing the rule of law is an ambitious plan for ensuring human rights through the rule of law. The Decision has fully embodied the constitutional spirit of 'respecting and preserving human rights,' and reflects the strategies and plans of the CPC to comprehensively preserve human rights in the course of 'comprehensively advancing the rule of law'. In the process of comprehensively preserving human rights, the leadership of the CPC has to be upheld. The relationship between the CPC and the rule of law is the core issue in lawbased governance and also the core issue in comprehensively preserving human rights. 展开更多
关键词 rule of law human rights China
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Advancing Rule of Law in Human Rights Protection While Developing a “Socialist Rule of Law System with Chinese Characteristics”
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作者 罗豪才 《The Journal of Human Rights》 2015年第1期3-5,共3页
It is very timely and necessary for us to hold this seminar in the beautiful Suzhou Campus of Renmin University of China to deeply study and implement the decisions of the Fourth Plenary Session of the 18th Communist ... It is very timely and necessary for us to hold this seminar in the beautiful Suzhou Campus of Renmin University of China to deeply study and implement the decisions of the Fourth Plenary Session of the 18th Communist Party of China(CPC)Central Committee,push forward the construction of China’s rule of law and jointly discuss the development of China’s human rights cause. 展开更多
关键词 CPC Socialist rule of law System with Chinese Characteristics Advancing rule of law in human rights Protection While Developing a rule
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Comprehensively Implementing the Rule of Law Solidly Pushing Forward Human Rights Development——Interview with President Luo Haocai of the China Society for Human Rights Studies(CSHRS)
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作者 STAFF REPORTER 《The Journal of Human Rights》 2014年第6期2-3,共2页
The Fourth Plenary Session of the 18th Central Committee of the Communist Party of China (CPC) reviewed and approved the Decision of the CPC Central Committee on Certain Key Issues Concerning Comprehensively Pushing... The Fourth Plenary Session of the 18th Central Committee of the Communist Party of China (CPC) reviewed and approved the Decision of the CPC Central Committee on Certain Key Issues Concerning Comprehensively Pushing Forward the Rule of Law (hereafter, "Decision"). The plenary session was convened at a pivotal stage in comprehensively building a well-off society and comprehen- sively deepening reform. It was the first of its kind with the theme of the rule of law and was a landmark event in China's legal construction. The Journal interviewed Professor Luo Haocai, who is also president of the China Society for Human Rights Studies (CSHRS). 展开更多
关键词 CSHRS Comprehensively Implementing the rule of law Solidly Pushing Forward human rights Development Interview with President Luo Haocai of the China Society for human rights Studies rule
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Enhancing the Rule of Law in China,Improving Judicial Protection for Human Rights
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作者 LUO HAOCAI 《The Journal of Human Rights》 2014年第3期2-3,共2页
The Third Plenary Session of the 18th Central Committee of the Communist Party of China (CPC) was a vi-tally important meeting during the decisive stage of China constructing a well-off society in an all-round way. ... The Third Plenary Session of the 18th Central Committee of the Communist Party of China (CPC) was a vi-tally important meeting during the decisive stage of China constructing a well-off society in an all-round way. It endorsed the CPC Central Committee's "Decision on Certain Key Issues on Comprehensively Deepening Reform" (hereafter, "the decision.") The decision condensed the thinking and wisdom of the entire Party and society regarding comprehensively deepening reform and made a series of new breakthroughs in theory and politics related to reform. 展开更多
关键词 Enhancing the rule of law in China Improving Judicial Protection for human rights rule
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Empirical Human Rights Studies Contribute to Building a Society Under the Rule of Law——Summary of the Fifth National Meeting for the Exchange of Work Experience Among Human Rights Research Institutions
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作者 STAFF REPORTER 《The Journal of Human Rights》 2014年第1期35-37,共3页
From Nov. 5 to 6, 2013, the China Society for Human Rights Studies (CSHRS)held the Fifth National Meeting for the Exchange of Work Experience Among Human Rights Research Institutions at Wuhan University. More than 1... From Nov. 5 to 6, 2013, the China Society for Human Rights Studies (CSHRS)held the Fifth National Meeting for the Exchange of Work Experience Among Human Rights Research Institutions at Wuhan University. More than 100 experts and scholars, focusing on empirical human rights studies and their contribution to building a society based on the rule of law, shared their work experience and discussed effective strategies. CSHRS President Luo Haocai, who served as vice chairman of the 10th National Committee of the Chinese People's Political Consultative Conference, 展开更多
关键词 Empirical human rights Studies Contribute to Building a Society Under the rule of law Summary of the Fifth National Meeting for the Exchange of Work Experience Among human rights Research Institutions Work
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Rule by Criminal Law is a Seismograph for the Protection of Human Rights
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作者 林维 HU Liang 《The Journal of Human Rights》 2018年第1期10-12,共3页
Criminal law involves crucial rights of the public,including property rights,political rights,freedom,and even life.As a result,on the one hand,any change to the rule by criminal law may have a significant impact on p... Criminal law involves crucial rights of the public,including property rights,political rights,freedom,and even life.As a result,on the one hand,any change to the rule by criminal law may have a significant impact on people’s lives;on the other hand,any change to the rule by criminal law is a highly sensitive issue.In view of these points,the rule by criminal law is often referred to as the seismograph for the protection of human rights,indicating the utmost importance of rule by criminal law 展开更多
关键词 rule by Criminal law is a Seismograph for the Protection of human rights
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Democratic Values of Mongolians Becoming as a Pillar of Perspectives of Democracy, Human Rights, Freedom, and Legitimacy
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作者 Khatanbold Oidov 《International Relations and Diplomacy》 2019年第3期130-138,共9页
The modern democracy in Mongolia has changed from ideology and desires into the daily actions and real-life needs of achievement of the people. The content of this article aimed to categorize the democracy development... The modern democracy in Mongolia has changed from ideology and desires into the daily actions and real-life needs of achievement of the people. The content of this article aimed to categorize the democracy development process and its challenges and opportunities in promoting democratic governance in Mongolia;such brought specific approaches of the changes and difficulties. The content of research article contextual approaches are characterized by own individual research data on democracy as basis on the use of the work and the independent research findings of the researcher. On the overview of process of uncut democracy consolidation, the democracy development in Mongolia managed to the most consistent principles and fundamental values of democracy up to second half of the 1990s. From the second half of the 1990s till the election in 2004, within this term, the following challenges and difficulties risen to action of slowing down that forming of political parties, grouped into fractional, blockage of post-trafficking, conspiracy, and to be corrupted and bribery as mentioned as newly adverse phenomena have begun to the democracy development. 展开更多
关键词 DEMOCRACY human rights LEGITIMACY BLOCKAGE Mongolia rule of law democratic governance national specifics democratic values CONSTITUTION of Mongolia
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Human Rights Protection in the Context of Ruling the Country by Law
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作者 SONG HANSONG 《The Journal of Human Rights》 2013年第5期18-23,共6页
At a conference in Beijing on December 4, 2012 marking the 30th anni- versary of the adoption of the current Constitution, General Secretary of the CPC Central Committee Xi Jinping pointed out, "To fully implement th... At a conference in Beijing on December 4, 2012 marking the 30th anni- versary of the adoption of the current Constitution, General Secretary of the CPC Central Committee Xi Jinping pointed out, "To fully implement the Constitution is the primary task and the basic work in building a socialist nation ruled by law." He also said, "A country ruled by law should be first ruled by the Constitution, and lawful governance should be based on the Constitution." 展开更多
关键词 human rights Protection in the Context of Ruling the Country by law CPC
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Human Rights Education from the Perspective of the Holistic Development of the Children
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作者 李红勃 DONG Lianghe(译) 《The Journal of Human Rights》 2019年第6期721-731,共11页
Human rights education for primary and secondary school students is of great significance to their holistic development.At present,human rights education is actively carried out in China’s primary and secondary schoo... Human rights education for primary and secondary school students is of great significance to their holistic development.At present,human rights education is actively carried out in China’s primary and secondary schools.Such human rights education includes classroom teaching based on the Ethics and the Rule of Law series of textbooks as well as developing hu man rights culture in campuses and educating students in human rights practices.Human rights education in primary and secondary schools has achieved certain results,but is as yet inade quate.In order to further improve human rights education for children,we should integrate hu man rights education with traditional Chinese culture,make better use of information technology and modem concepts of education and build a comprehensive and deep-seated human rights educa tion system. 展开更多
关键词 UNITED Nations DECLARATION on human rights EDUCATION and Training ethics and the rule of law human rights EDUCATION
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On the Quadruple Qualities of Marxist Thought on Human Rights
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作者 何士青 LIU Haile 《The Journal of Human Rights》 2021年第1期95-116,共22页
Marxist human rights thought has realized an epochmaking change in human rights thought and has distinguished itself from capitalist human rights thought with its distinctive character.Marxist human rights thought has... Marxist human rights thought has realized an epochmaking change in human rights thought and has distinguished itself from capitalist human rights thought with its distinctive character.Marxist human rights thought has a humanistic character,starts from human nature and its essence,regards human rights as an important means to realize the all-round development of human beings and the fundamental proof of human liberation.Marxist human rights thought is characterized by being people-centered,and expresses the desire of the masses,with the proletariat as the main body,to realize a better life through the guarantee of human rights.Marxist human rights thought has a practical character,is based on practical materialism,advocates that human rights are derived from the social practice and promotes social practice toward civilization and progress.Marxist human rights thought has the character of rule of law,guides legal governance to the rule of good law,and lays the guarantee fot human rights on the foundation of substantive rule of law. 展开更多
关键词 The Marxist human rights Thought the humanistic character the people-centered character the practical character the character of the rule of law
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Law Popularizing Promotes Human Rights Concepts
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作者 SHI HANSHENG 《The Journal of Human Rights》 2002年第2期21-25,共5页
Anationwide drive of mass education in law has been gathering momentum since 1986, targeting at all citizens who are able to learn. This is, in fact, a government-driven campaign to improve citizens’ law awareness so... Anationwide drive of mass education in law has been gathering momentum since 1986, targeting at all citizens who are able to learn. This is, in fact, a government-driven campaign to improve citizens’ law awareness so that they will be law-abiding while good at using laws to protect 展开更多
关键词 law Popularizing Promotes human rights concepts
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Legalization of the Right to Peace in the Context of a Community with a Shared Future for Human Beings
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作者 刘明 NIU Huizi 《The Journal of Human Rights》 2021年第1期117-130,共14页
The right to peace means that all people have the right to resist aggression,and to safeguard and enjoy peace.As a collective right enjoyed by a country or people,the right to peace has not been clearly established as... The right to peace means that all people have the right to resist aggression,and to safeguard and enjoy peace.As a collective right enjoyed by a country or people,the right to peace has not been clearly established as a legal right by international laws or international conventions.This situation is closely related to the Western countries’long-term control of the individualistic human rights discourse.With the deepening of globalization and the addition of the concept of a community with a shared future for human beings in UN resolutions,peace is the common goal of all countries,and the whole of human society,and the international community is raising an increasingly higher demand for the right to peace based on the rule of law.The right to peace based on the rule of law requires that the international community stipulate the right to peace via international laws and conventions and clarify its connotations,the subjects of the right and their obligations,as the implementing agencies and ways to realize the right. 展开更多
关键词 right to peace a community with a shared future for human beings the international rule of law
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