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The Connotations of the Constitutional Clause on Human Rights Protection From the Perspective of Foreign-related Rule of Law
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作者 ZHAI Han 《The Journal of Human Rights》 2024年第3期548-566,共19页
The inclusion of the human rights clause in the Chi-nese Constitution is the core normative manifestation of the constitu-tionalization of human rights,and points to the relationship between international law and the ... The inclusion of the human rights clause in the Chi-nese Constitution is the core normative manifestation of the constitu-tionalization of human rights,and points to the relationship between international law and the Constitution in the sense of positive law.The inclusion of the human rights clauses in the Chinese Constitution itself is an inherent part of the development of China’s socialist constitution,and socialism has already contributed valuable concepts and practices of human rights protection to the modern world in its early stage.The constitutionalization of human rights protection does not necessarily lead to the superiority of international law over the constitutional order of a country,but rather to the convergence of international law and domestic law through the constitutional order.The relevant rules of international law will be effective only when they are transformed into domestic law through the Constitution and the human rights clause in the Constitution.Correspondingly,the domestic legal order is brought into line with the international legal order through the Con-stitution and its human rights clause.Behind the system of fundamen-tal rights in the constitutional order is the value foundation of the en-tire legal system.The advancement of foreign-related rule of law has brought new opportunities for China’s judicial practice to further pro-mote the protection of human rights.In the future,we should further integrate the human rights values embedded in socialism into China’s constitutional practice,enhance human rights protection around the country,and take a more active part in global human rights gover-nance. 展开更多
关键词 human rights clause foreign-related rule of law socialist constitution constitutionalization of human rights
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The Current Situation,Problems,and Improvement Path of Rule of Law Education in Primary and Secondary Schools in Chaoshan Area
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作者 Bin Li Zhou Yang Churui Chen 《Journal of Contemporary Educational Research》 2023年第12期308-315,共8页
Rule of law education in primary and secondary schools is an educational process to popularize legal knowledge,establish legal awareness,and cultivate the ability to respect,abide by,and use the law for the special gr... Rule of law education in primary and secondary schools is an educational process to popularize legal knowledge,establish legal awareness,and cultivate the ability to respect,abide by,and use the law for the special group of primary and secondary school students.The research found that rule of law education in primary and secondary schools in Chaoshan has yielded positive outcomes.However,there exist problems such as uneven synergy,incomplete inclusion of teachers and students,shortage of adequately trained professional teachers,and the need for enhanced organizational support.The relevance and effectiveness of rule of law education in primary and secondary schools will be enhanced by clarifying the target tasks,enhancing the effectiveness of the classroom,creating an atmosphere of the rule of law,and strengthening organizational support. 展开更多
关键词 education rule of law education YOUTH Primary and secondary schools
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Research on the Application of Juvenile Psychological Development and Sports Acquisition Law System in Physical Education Teaching
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作者 Lyu Xiangjialin 《Psychology Research》 2023年第5期195-201,共7页
Adolescents’physical and mental development has obvious age-stage characteristics.Therefore,before the implementation of physical education teaching,it is necessary to fully analyze the laws of adolescents’psycholog... Adolescents’physical and mental development has obvious age-stage characteristics.Therefore,before the implementation of physical education teaching,it is necessary to fully analyze the laws of adolescents’psychological development and fully understand the laws of adolescents’physical development and exercise acquisition.The purpose of this study is to start from the actual needs of physical education teaching and to fully understand the laws of psychological development of adolescent groups.After the review and analysis,the law of adolescents’sports acquisition is summarized and summarized,so as to form the system of adolescents’psychological development and sports acquisition law in physical education teaching,lay a good foundation for physical education teachers to implement teaching on the teaching objects of adolescent students in a targeted and efficient manner,and ultimately promote the benign development of school sports. 展开更多
关键词 TEENAGERS physical education psychological development law sports acquisition law
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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 Economic Analysis of Law as a Reference for the Grounds of Judicial Decisions
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作者 Ewerton R.Messias AndréL.C.Rosa Geilson Nunes 《Journal of Management Science & Engineering Research》 2023年第1期60-70,共11页
The present article aimed to analyze the application of the economic analysis of Law as a reference for the reasoning of judicial decisions.To that end,an analysis was carried out on the definitions of what is hermene... The present article aimed to analyze the application of the economic analysis of Law as a reference for the reasoning of judicial decisions.To that end,an analysis was carried out on the definitions of what is hermeneutics and economic analysis of law,based on the construction of the matrix rule of conduct for public administration.The method of the approach followed was empirical-dialectical,using bibliographic,legislative and jurisprudential research,having a reference to the Law and Economics. 展开更多
关键词 Economic analysis of law HERMENEUTICS Matrix rule
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On the Choice of the Path for the Development of the Rule of Law in China: From the Perspective of Improving the Rule of Law Quality by Promoting the Substantive Rule of Law
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作者 Gu Rongxin 《学术界》 CSSCI 北大核心 2019年第5期212-223,共12页
The continuous debate on the formal rule of law and the substantive rule of law in the construction of the rule of law in China not only affects the understanding of the connotation of the rule of law in China,but als... The continuous debate on the formal rule of law and the substantive rule of law in the construction of the rule of law in China not only affects the understanding of the connotation of the rule of law in China,but also the choice of the path for the development of the rule of law in China.In the new stage of “comprehensively advancing the Law-Based Governance of China”,the process of “comprehensively advancing the Law-Based Governance of China” is also a process of continuously improving the rule of law quality in China.And from this perspective,the relationship between the formal rule of law and the substantive rule of law has got a new meaning.Promoting the substantive rule of law is an important way to realize the development of the rule of law and improve the quality of the rule of law.At the same time,the promotion of the substantive rule of law should follow the “people-centered” nature of the rule of law and the objective is conducive to the promotion of the rule of law and the formation of the “rule of law ecology”. 展开更多
关键词 formal rule of law SUBSTANTIVE rule of law rule of law QUALITY rule of law ecology rule of law development
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The 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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Human Rights Education in the Perspective of International Human Rights Law 被引量:1
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作者 GU SHENGKAI 《The Journal of Human Rights》 2007年第1期36-39,共4页
In a statement issued on the 2004 World Human Rights Day, Ms. Louse Arbour, United Nations High Commissioner for Human Rights, described human rights education as a strategy for attainment of "human rights for all,"... In a statement issued on the 2004 World Human Rights Day, Ms. Louse Arbour, United Nations High Commissioner for Human Rights, described human rights education as a strategy for attainment of "human rights for all," as a basic means for developing a universal culture of human rights, as an instrument for promoting equality and involvement of the people in decision-making under democratic mechanisms, and as an investment to prevent infringements upon human fights and to ward off conflicts of violence. It should be noted that so much importance attached by UN human rights organ to human rights education epitomizes the empowering characters of human rights education and the functions it performs in the global human rights system. 展开更多
关键词 In Human Rights education in the Perspective of International Human Rights law
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Conflict: Efficient State or State Under the Rule of Law?-- The Hungarian Case of the Victory of the Efficient State over the State Under the Rule of Law
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作者 Maria BORDAS 《International Relations and Diplomacy》 2015年第3期151-179,共29页
This study is seeking an answer as to whether the efficient state and the state under the rule of law are indeed irreconcilable, as well as to whether these two categories are by nature to be seen as contrary concepts... This study is seeking an answer as to whether the efficient state and the state under the rule of law are indeed irreconcilable, as well as to whether these two categories are by nature to be seen as contrary concepts. The basic issue is whether efficiency is to be handled as an "extralegal" category, or whether legal regulation, in accordance with public administration traditions in Europe, can in itself meet the requirement of efficiency. Also the study presents the formation of the issue of conflict between the effective state and the state under the rule of law in Hungary after the election held in 2010 in the practice of economic policy and legislation of the Orban government. We are trying to answer the question of the tendency of power concentration to really menace the principles of a traditionally-formed state under the rule of law, as well as whether the economic policy of the government can be implemented effectively in a strongly centralized political and state administrative system. 展开更多
关键词 Efficient state rule of the law ConSTITUTIonALISM New Public Management neoliberalism Weberianmodel ConSTITUTIonALISM economic governance
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WTO and the Construction of Rule of Law in China
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《China's Foreign Trade》 2002年第7期6-27,共22页
关键词 WTO and the Construction of rule of law in China rule
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Research on the Scientific Meaning of Rule of Law in China
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作者 Zhen Liu 《Review of Global Academics》 2015年第2期525-527,共3页
Beyond the existing academic viewpoints, clarifying the scientific meaning of the rule of law in China in the binary interaction between subject and object is the prerequisite for reifying the rule of law in China fro... Beyond the existing academic viewpoints, clarifying the scientific meaning of the rule of law in China in the binary interaction between subject and object is the prerequisite for reifying the rule of law in China from an abstract symbol to a logic in action. The subject dimension of rule of law in China subsumes the legal consciousness, self confidence, independence and self-improvement of the subject. The object dimension of the rule of law in China focuses the relation mode and governance pattern between right and power. In the dimension of time, the rule of law in China is the unification of history and reality of China model. In the dimension of space, the rule of law in China is committed to seeking the right to speech, governance, management and development from the perspective of globalization. 展开更多
关键词 rule of law in China GOVERNANCE PATTERN
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Democracy on the Road toward the Rule of Law Started from Umbrella Movement
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作者 XUE Yang 《International Journal of Technology Management》 2015年第10期123-125,共3页
This paper had started its words from the hot current Umbrella Movement in Hongkong, with putting forward the questions that " What is the democracy? " and " How should the democracy develop? " . And then, it ha... This paper had started its words from the hot current Umbrella Movement in Hongkong, with putting forward the questions that " What is the democracy? " and " How should the democracy develop? " . And then, it had reviewed the historical development of the concept of democracy, on that basis, it had explored the socialist democratic system in China and analyzed the dilemmas in the construction of socialist democracy. And it gave the responses to questions in the beginning of the article and explained the reasons in details. At the last, some notes on the construction of democracy in China' s journey toward rule of law were written in this article. 展开更多
关键词 DEMOCRACY people' s right legal construction rule of law
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The significance of the right to resistance in the construction of the rule of law
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作者 SHI Ziheng 《International English Education Research》 2017年第6期42-44,共3页
The establishment of the right to resistance in the constitutions in western countries has its constitutional background and the original intention of granting the right to the citizens to restore the constitutional o... The establishment of the right to resistance in the constitutions in western countries has its constitutional background and the original intention of granting the right to the citizens to restore the constitutional order so as to prevent the tyranny. It is itself an integral part of the order of the rule of law. However, the establishment of this right itself is not guaranteed by the relevant legal systems. Even in the countries ruled by laws that stipulate the right to resistance of the citizens, the system is a quite threatening "double-edged sword" to the order of the rule of law. If it cannot be well regulated, it will even destroy the rule of law. There^bre, the right to resistance of the citizens has its positive significance to the construction of the rule of law, but its negative significance is inevitable. Especially in the environment of today's China, we should be more cautious to fit the right to resistance into our constitution. 展开更多
关键词 the right to resistance the rule of law ConSTITUTIonALISM
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A Study of the Effects of Family Precepts,Rules and Ethics on Children’s Education During the Tang Dynasty
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作者 Jin Yingkun Arthur(翻译) 《Contemporary Social Sciences》 2020年第6期83-103,共21页
From the perspectives of the prosperity of the Sui and Tang dynasties,the rise and fall of the aristocrats and the prevalence of the imperial examination,this paper studies the impact of family precepts,rules,and ethi... From the perspectives of the prosperity of the Sui and Tang dynasties,the rise and fall of the aristocrats and the prevalence of the imperial examination,this paper studies the impact of family precepts,rules,and ethics on children’s education.I believe that an important feature of family precepts in the Tang Dynasty was the development of the cultural tradition of poetry and literature study within the family,which promoted virtues like loyalty,filial piety,diligence,frugality and modesty and had a profound influence on future generations.The rise and fall of Tang Dynasty families was closely related to family precepts,rules,ethics,and learning.Famous and respectable families often regarded these traits as important means to maintain the family’s status,which objectively promoted the development of family scholarship and the importance of children’s education in the Tang Dynasty.The concept of learning as a“carry-on treasure”has become a common belief among scholars and has played a positive role in educating Chinese society,enriching our culture,and keeping society in order. 展开更多
关键词 Tang Dynasty family ethics family precepts family rules family learning children’s education
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A Brief Introduction to Standardization Education at the School of Business Administration, Zhongnan University of Economics and Law
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作者 Wang Jiyun Mei Lixia 《China Standardization》 2010年第1期22-29,共8页
This article briefly introduces the history, current situation and characteristics of standardization management education in the School of Business and Administration (SBA), Zhongnan University of Economics and Law... This article briefly introduces the history, current situation and characteristics of standardization management education in the School of Business and Administration (SBA), Zhongnan University of Economics and Law (ZUEL). ZUEL's different levels of standardization education are discussed in detail, including undergraduate students, graduate students, and continuing education training for working professionals. Also ZUEL's teaching style, research foundation, and relative experiences in standardization education are introduced. ZUEL's capacity and characteristics are comprehensively shown and expected further developments in standardization education at ZUEL are provided. 展开更多
关键词 STANDARDIZATIon standardization education Zhongnan University of Economics and law
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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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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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Combining the Rule of Law with the Rule of Morality——General Secretary Xi Jinping's Important Discourse on the Relationship Between the Rule of Law and Rule by Virtue
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作者 徐显明 LI Kunyan 《The Journal of Human Rights》 2017年第2期103-109,共7页
Key points:Throughout the ages,rule of law has been an indispensable means of governing a state.However,as General Secretary Xi Jinping has pointed out,it is not enough to govern a state by the rule of law
关键词 of it or as General Secretary Xi Jinping’s Important Discourse on the Relationship Between the rule of law and rule by Virtue Combining the rule of law with the rule of Morality rule by is that been on with
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International Comparative Study on Education Laws of the Persons with Disabilities: An Observation on Regulations on the Education of Persons with Disabilities
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作者 黄伟 ZHANG Wenhong 《The Journal of Human Rights》 2017年第4期327-335,共9页
The issue of education for people with disabilities has become of increasing concern. How can we effectively guarantee the basic right to education for persons with disabilities? Will the revised Regulation on Educati... The issue of education for people with disabilities has become of increasing concern. How can we effectively guarantee the basic right to education for persons with disabilities? Will the revised Regulation on Education for Persons with Disabilities meet their needs? This article takes the Regulation on Education for Persons with Disabilities as the core and compares it with the related special educational laws of the United States, Britain and Japan. The following conclusions were drawn from this study: In terms of educational concept, the three countries follow the concept of inclusive education, and pursue equity and educational justice. They not only pay attention to inclusive education but also focus on improving the quality of education for students with disabilities. All three countries focus on accommodating children with special needs, but each implements its programs in a different way. These practices can be used as reference for the development of a special needs education law in China. 展开更多
关键词 children with disabilities right to education regulation on the education of persons with disabilities international law special needs
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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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