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Digital Development Rights in Developing Countries:Where the Governance Rules for Cross-Border Data Flows
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作者 李艳华 JIANG Yu(译) 《The Journal of Human Rights》 2023年第5期1040-1066,共27页
The digital development rights in developing countries are based on establishing a new international economic order and ensuring equal participation in the digital globalization process to achieve people's well-ro... The digital development rights in developing countries are based on establishing a new international economic order and ensuring equal participation in the digital globalization process to achieve people's well-rounded development in the digital society.The relationship between cross-border data flows and the realization of digital development rights in developing countries is quite complex.Currently,developing countries seek to safeguard their existing digital interests through unilateral regulation to protect data sovereignty and multilateral regulation for cross-border data cooperation.However,developing countries still have to face internal conflicts between national digital development rights and individual and corporate digital development rights during the process of realizing digital development rights.They also encounter external contradictions such as developed countries interfering with developing countries'data sovereignty,developed countries squeezing the policy space of developing countries through dominant rules,and developing countries having conflicts between domestic and international rules.This article argues that balancing openness and security on digital trade platforms is the optimal solution for developing countries to realize their digital development rights.The establishment of WTO digital trade rules should inherently reflect the fundamental demands of developing countries in cross-border data flows.At the same time,given China's dual role as a digital powerhouse and a developing country,it should actively promote the realization of digital development rights in developing countries. 展开更多
关键词 developing countries digital development rights cross-border data flows governance rules
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Human Rights and Development:China's Contributions Based on a Larger Concept of Human Rights
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作者 WU Wenyang LI Rong 《The Journal of Human Rights》 2024年第4期776-801,共26页
The Western liberal view of global governance can no longer effectively address the challenges facing the world today or respond to the demands of developing countries in the fields of human rights and development.Mea... The Western liberal view of global governance can no longer effectively address the challenges facing the world today or respond to the demands of developing countries in the fields of human rights and development.Meanwhile,the United Nations human rights and development agenda also has its limitations.Against such a backdrop,China's path of human rights development has avoided the trap of human rights confrontation and the clash of civilizations.It has set an example of complementarity and positive interaction between human rights and development by unifying collective human rights with individual human rights and integrating the universality and particularity of human rights.Xi Jinping,general secretary of the Communist Party of China(CPC)Central Committee,delivered a speech at the 37th group study session of the Political Bureau of the CPC Central Committee on China's Path of Human Rights Development.This elevated China's human rights development to a new historical height.Practice has proved that China's concept and path of human rights in the new era have not only effectively promoted the development of its human rights cause,but also contributed Chinese wisdom to the global cause of human rights and development with a larger concept of human rights.Under the framework of the concept of building a community with a shared future for mankind,the Belt and Road Initiative,and the Global Development Initiative,China has contributed to enhancing the discourse power of developing countries in human rights and building a fairer,more just,more reasonable and more inclusive system for global human rights governance. 展开更多
关键词 human rights and development a larger concept of human rights global human rights governance China’s path of human rights development
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Research on the Constitutional,Historical and Practical Logic of the Chinese Path of Human Rights Development——From the Perspective of the Inclusion of Human Rights Clause in the Constitution
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作者 FAN Jinxue 《The Journal of Human Rights》 2024年第3期521-547,共27页
The inclusion of the human rights clause in the Chi-nese Constitution is a concern and expression of the spirit of the Con-stitution,which has laid the institutional regulations of the fundamen-tal law for the develop... The inclusion of the human rights clause in the Chi-nese Constitution is a concern and expression of the spirit of the Con-stitution,which has laid the institutional regulations of the fundamen-tal law for the development of human rights in China,provided the principles and value norms of the highest level of effectiveness for the legal protection of human rights,and built a profound constitutional basis for the formation and improvement of the Chinese path of human rights development.The human rights clause is not only a summariza-tion and affirmation of the historical practice of Chinese human rights development under the leadership of the Communist Party of China,but also a new starting point for the development of human rights in China under the leadership of the Communist Party of China.It marks that the development of human rights in China has entered a new era.The Party and the state have finally embarked on a path of human rights development with Chinese characteristics by formulating and implementing the Human Rights Action Plan of China,eliminating ab-solute poverty through the national poverty alleviation campaign,and promoting human rights protection through the rule of law. 展开更多
关键词 inclusion of the human rights clause in the Consti-tution regulations on fundamental rights Chinese path of human rights development historical logic practice logic
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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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Human Rights Connotations and Its Legal Protection in the Harmonious Coexistence between Humans and Nature
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作者 张璐 CHEN Feng(译) 《The Journal of Human Rights》 2023年第5期947-972,共26页
Promoting the unity of human nature and sociality in practice is a fundamental path dependence for achieving people's well-rounded development.Within the context of harmonious coexistence between humans and nature... Promoting the unity of human nature and sociality in practice is a fundamental path dependence for achieving people's well-rounded development.Within the context of harmonious coexistence between humans and nature,the practice of the unity of human nature and sociality is allowed to be truly implemented,and people's well-rounded development moves from possibility to reality.Strengthening the protection of human rights for people's well-rounded development in the harmonious coexistence between humans and nature not only requires the expansion of the connotations of environmental rights from“the right to a healthy environment”to“the right to a beautiful environment”,but also necessitates the formation of a collaborative framework between environmental rights and development rights.For legal responses to the expansion of the connotations of environmental rights,it is necessary to implement such expansions in environmental legislation,enhance the underlying principles,and make progress in the development of systematic environmental legislation simultaneously.Regarding the legal promotion of the synergy between environmental rights and development rights,it is essential to follow the guidance of the“Two Mountains Theory,”take the coordinated functions of environmental and traditional legal departments as the basis,and build a legal mechanism for the realization of the value of ecological products and services. 展开更多
关键词 human nature people's well-rounded development environmental rights development rights environmental law
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Questions on Developing College-level Education on Human Rights:——Concerning the implementation of the National Human Rights ActionPlan of China
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作者 ZHU LIYU is a professor of Law, Renmin University of China. 《The Journal of Human Rights》 2012年第5期36-39,共4页
Education on human rights touches many aspects of society. During the process of promoting human rights education, we should emphasize the development of human rights education at the college level. The National Human... Education on human rights touches many aspects of society. During the process of promoting human rights education, we should emphasize the development of human rights education at the college level. The National Human Rights Action Plan of China (2009- 2010), the first of its kind, 展开更多
关键词 Questions on developing College-level Education on Human rights Concerning the implementation of the National Human rights ActionPlan of China
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China-US High-Tech Competition,Trade Conflict and Development Rights 被引量:1
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作者 Chen Ziye Li Bin 《China Economist》 2020年第5期66-73,共8页
The power and interest of industrial manufacturers are determined by their status in the relations of production.At the international level,countries see their economic and political status rise only when they climb t... The power and interest of industrial manufacturers are determined by their status in the relations of production.At the international level,countries see their economic and political status rise only when they climb the ladder in the international division of labor.As the primary production forces,science and technology are the main drivers behind such change.As new technologies give rise to new industries and restructure the international division of labor,developed countries strive to enhance the protection of their intellectual property rights(IPR)and safeguard their monopoly over core technologies.For developed countries,technological prowess holds the key to their supremacy in the global supply chain and international relations.The 19 th CPC National Congress makes clear the overarching goal in the new era is to rejuvenate the Chinese nation and turn China into a strong modern country.As an important material condition for achieving this goal,China must transition from being medium-and low-end links in the international division of labor to becoming high-end links.In this process,China will encounter backlash from developed countries that lead in the international division of labor.The recent China-US tussle over trade in high-tech goods is a case in point,and should be viewed through the lens of the relations of production and the international division of labor.The insights thus achieved will be of great significance to China’s future development. 展开更多
关键词 international technology competition international division of labor ChinaUS trade war China’s development rights
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Strive to Develop the Human Rights Cause——Speech at the forum on entry of human rights into the Constitution and legal protection of human rights(December23,2004) 被引量:2
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作者 JIANG ZHENGHUA vice-chairman of the NPC Standing Committee 《The Journal of Human Rights》 2005年第2期2-3,共2页
关键词 Speech at the forum on entry of human rights into the Constitution and legal protection of human rights Strive to Develop the Human rights Cause December23 2004
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The Declaration on the Right to Development as a First Step towards a Comprehensive Southern Vision on Human Rights 被引量:1
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作者 Tom ZWART 《The Journal of Human Rights》 2017年第1期50-61,共12页
Having proper sanitation and hygiene, access to affordable health care and enough food on the table are the basic conditions for a dignified life. This link between human dignity and the right to development was made ... Having proper sanitation and hygiene, access to affordable health care and enough food on the table are the basic conditions for a dignified life. This link between human dignity and the right to development was made very persuasively already in the White Paper on human rights, issued by the State Council of P.R.C. in 1991. The Declaration on the right to development can be considered the first successful joint action undertaken by Southern states in the area of human rights. The Declaration was based on Southern scholarship, such as the pioneering research conducted by the Senegalese jurist Kéba M’baye. And its adoption was the result of joint stage management performed by diplomats from different continents. Therefore the Declaration serves as a source of inspiration for the work of drafting a Comprehensive Southern Vision on human rights. The Vision document will lay out a common Southern outlook on human rights issues as an elaboration of the Universal Declaration. 展开更多
关键词 Declaration on the right to development Comprehensive Southern Vision Universal Declaration of Human rights Global South
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Scientific Approach to Development and Human Rights 被引量:1
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作者 BY YANG ZHENGQUAN The author is Vice-President of the China Society for Human Rights Studies and Executive Vice-President of the China Human Rights Development Foundation. The article is a speech he made at a forum "Scientific Development Approach and Human Rights Development" jointly held on December 9,2005 by the China Society for Human Rights Studies and the Humanities Society of Beijing University. 《The Journal of Human Rights》 2006年第5期6-8,共3页
The Third Plenary Session of the 16th Central Committee of the Communist Party of China (CPC) in October 2003 put forward a scientific approach of people-centered, all-round, coordinated and sustainable development ... The Third Plenary Session of the 16th Central Committee of the Communist Party of China (CPC) in October 2003 put forward a scientific approach of people-centered, all-round, coordinated and sustainable development and made it a strategy for governing the country, putting it in command of all economic and social development. Since reform and opening up in 1978, China has persisted in the central task of economic development and put development in the first place. The evolution of the concept "development is the hard truth" to "development is a task of first importance in governing the country and invigorating the Chinese nation" and to the establishment of the scientific development approach reflects the deepening and growing command of the laws governing China's economic and social development. 展开更多
关键词 PRO Scientific Approach to Development and Human rights
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The Development Path for Human Rights with Chinese Characteristics 被引量:1
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作者 LI YUNLONG 《The Journal of Human Rights》 2014年第1期6-9,共4页
Like most countries in the world, China supports the ideal of human rights de- picted and advocated in the Universal Declaration of Human Rights and other international docu- ments and agrees with the idea that human ... Like most countries in the world, China supports the ideal of human rights de- picted and advocated in the Universal Declaration of Human Rights and other international docu- ments and agrees with the idea that human rights should be universal. However, China also holds that to better realize the common goals of human rights requires that each coun- try explore and find the best and most efficient way in accordance with its own conditions. One of the reasons for the fast development of human rights in China since its reform and opening-up is that China has chosen a development path for human rights according to its own conditions. The path fits the conditions of China and therefore efficiently promotes the realization of universal human rights. 展开更多
关键词 The Development Path for Human rights with Chinese Characteristics
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Beijing Seminar on China and Germany's Human Rights Development
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作者 Gao Yu 《International Understanding》 2003年第4期22-22,共1页
关键词 on Beijing Seminar on China and Germany’s Human rights Development
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Poverty Reduction, Cultural Narrative, and the Realization of Development Rights in South-South Cooperation
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作者 卜卫 HU Liang 《The Journal of Human Rights》 2018年第1期29-35,共7页
The development of any country or society requires a cultural context. A cultural narrative influence the process of development by shaping people’s views and actions, and thus policy. This paper first discusses the ... The development of any country or society requires a cultural context. A cultural narrative influence the process of development by shaping people’s views and actions, and thus policy. This paper first discusses the importance of cultural narratives, and then analyzes the different cultural narratives on poverty reduction, development, right to development, and South-South Cooperation. It illustrates how cultural narratives significantly influence social justice development and reforms. 展开更多
关键词 cultural narrative poverty reduction South-South Cooperation development rights
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Academic Symposium on China's Human Rights Development
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作者 OUR STAFF REPORTERS 《The Journal of Human Rights》 2009年第2期39-39,共1页
To mark the 60th anniversary of the Universal Declaration of Human Rights and the 30th anniversary of China' s reform and opening up, the China Society for Human Rights Studies (CSHRS) held an academic symposium na... To mark the 60th anniversary of the Universal Declaration of Human Rights and the 30th anniversary of China' s reform and opening up, the China Society for Human Rights Studies (CSHRS) held an academic symposium named China's Thirty Years of Reform and Opening up and Human Rights Development, on December 2-3, 2008 in Beijing. Attending were Wang Chen, deputy head of the Publicity Department of the Communist Party of China (CPC) Central Committee and director of the State Council Information Office, and Luo Haocai, president of the CSHRS. Both spoke at the symposium, which gathered some 60 human rights experts from all over China. 展开更多
关键词 Academic Symposium on China’s Human rights Development WORK CPC CHEN
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Interplay of Human Rights and Development: The Implementation and Guarantee of Development after the Victory of the World War Ⅱ
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作者 Yubaraj SANGROULA 《The Journal of Human Rights》 2015年第6期536-547,共12页
Poverty affects social development and justice. It also deeply affects the realization of human rights, inclucing the right to development. The present unjust international order cannot solve poverty by means of human... Poverty affects social development and justice. It also deeply affects the realization of human rights, inclucing the right to development. The present unjust international order cannot solve poverty by means of human rights. Many developed countries avoid their obligation of dealing with poverty, denying the general realization and actionability of economic, social and development rights. Due to the position of these countries in the issues of human rights and development, many regions of the world were falling into the extremely poor state. The efforts by the United Nations are discounted in promoting the development and fighting against the poverty. 展开更多
关键词 POVERTY human rights right to development United Nations
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On the View on Human Rights with Chinese Characteristics
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作者 刘海年 《The Journal of Human Rights》 2016年第5期446-453,共8页
Studying and practicing the view on human rights with Chinese characteristics is important for raising the awareness and improving the protection system for human rights in China. It is important for China to improve ... Studying and practicing the view on human rights with Chinese characteristics is important for raising the awareness and improving the protection system for human rights in China. It is important for China to improve human rights on its own path and to promote the safeguard of human rights in the world. The paper offers an overview of the concepts, contents and features of China’s view on human rights. 展开更多
关键词 human rights China right to subsistence right to development
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Protecting the Rights of Disabled Persons——From the Perspective of Protecting Their Right to Development with Affirmative Action as the Core
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作者 钱锦宇 ZHANG Wenhong 《The Journal of Human Rights》 2017年第2期162-170,共9页
Establishing and protecting the right to development of disabled persons is not only the important part of Xi Jinping’s thought on human rights, but also a reflection of Marxism’s idea of human rights and a requirem... Establishing and protecting the right to development of disabled persons is not only the important part of Xi Jinping’s thought on human rights, but also a reflection of Marxism’s idea of human rights and a requirement of the rule of law in China. It is necessary to promote the protection of the right to development of disabled persons in terms of affirmative action. The Chinese government’s affirmative action requires structural characteristics, including providing the institutional basis for the affirmative action by constructing legal and non-legal institutions, providing an environment conducive for the affirmative action by shaping a more aware social ecology and providing valid guarantees for affirmative action by increasing the responsibility of local governments. 展开更多
关键词 disabled persons right to development human rights affirmative action
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Pursuit of Excellence:The Past Development and New Progress of the Human Rights Action Plans of China
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作者 张万洪 HU Genfu(Translated) 《The Journal of Human Rights》 2021年第5期789-804,共16页
Since the Vienna Declaration and programme of Action in 1993 recommended that countries formulate national human rights action plans,many countries have carried out relevant explorations.Since 2009,China has formulate... Since the Vienna Declaration and programme of Action in 1993 recommended that countries formulate national human rights action plans,many countries have carried out relevant explorations.Since 2009,China has formulated four series of Human Rights Action plan of China,which is significant for promoting the development of human rights,enhancing the say in international human rights,reducing social risks and protecting individual rights.The formulation of the plan adheres to the principles of being laws and policies-based and human rights-oriented,and taking into account both the country and society.The first three series of the Action plans have undergone such evolution as upgrade of guiding principles and goals,refinement of rights content and measures,diversification of responsible subjects,increasingly reasonable framework structure,and more human rights consideration in discourse expression.The fourth series of the Action plan pays more attention to expanding public participation and the content,improving the supervision mechanism,and further promoting the formulation and implementation of the Action plan. 展开更多
关键词 Human rights Action Plan of China human rights development public participation monitoring and evaluation
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The Justification Logic of Human Rights in Chinese Modernization
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作者 鲁广锦 HU Liang(Translated ) 《The Journal of Human Rights》 2022年第6期1079-1103,共25页
As the fruits and symbols of human civilization, human rights are pursued by people all over the world. Respecting and protecting human rights is the basic spirit of modern civilization, so it is something inherent in... As the fruits and symbols of human civilization, human rights are pursued by people all over the world. Respecting and protecting human rights is the basic spirit of modern civilization, so it is something inherent in the concept of modernization. Chinese modernization is socialist modernization pursued under the leadership of the Communist Party of China. It contains elements common to the modernization processes of all countries, but it is more characterized by features unique to the Chinese context. It is a new path to modernization and creates a new model for human advancement. on the road to promoting Chinese modernization, China cultivated innovative human rights jurisprudence, constructed an optimized human rights system, opened up a developmental human rights approach, established a harmonious human rights relationship, and continuously promoted the well-rounded development of the people. China created a theoretical,institutional, and practical paradigm for respecting and protecting human rights that follows the principle of universal human rights and suits the local conditions, opening up a new realm of human rights civilization of mankind. The successful promotion and expansion of Chinese modernization have justified that China has found a path of human rights development that conforms to the trend of the times and suits its national conditions. The modernization of more than 1.4 billion Chinese people, a number larger than the total population of all developed countries in the world today, and the new path of human rights development will change the basic pattern of human rights development in the world and profoundly influence the process and trend of human rights civilization of mankind. 展开更多
关键词 Chinese modernization path of human rights development all-round development of people human rights civilization
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Scientific Outlook on Development Promotes Human Rights Cause
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作者 BY LI DESHUI is director-general of the National Bureau of Statistics. 《The Journal of Human Rights》 2005年第4期2-6,共5页
关键词 Scientific Outlook on Development Promotes Human rights Cause THAN OUTLOOK
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