On the Expansion and Realization of the Right to Environmental Information in Environmental Protection Supervision

As an innovation in the environmental governance system that breaks the traditional hierarchical structure,environmental protection supervision has not only played a significant role in protecting tangible environmental rights but also expanded the basic scope of the right to environmental information—part of procedural environmental rights.In the supervision of environmental protection,the objects of the right to environmental information and the subjects of the obligation to provide environmental information have been both expanded,with the focus shifting from government information to Party information and from administrative organs to Party organs.This vividly demonstrates the Communist Party of China’s concrete efforts to protect human rights in the field of the endeavor to build an ecological civilization.At present,the realization of the right to environmental information in environmental protection supervision still faces problems such as insufficient standards and norms,disordered practice and operation,and lack of liability guarantee.In this context,based on renewing relevant subjects’cognition of the right to know in environmental protection supervision,we should further improve and specify the rule for disclosing information about environmental protection supervision,rationally distribute the obligations for information disclosure in environmental protection supervision,and clarify the accountability rules for violating relevant requirements for information disclosure,so as to promote the overall development of the environmental protection supervision system while guaranteeing the realization of the right to environmental information.

The Impact of Central Environmental Inspections on the Perception of Respect for Human Rights and Its Empirical Analysis

To develop China’s human rights cause with a people-centered approach,we should pay close attention to the concrete experiences of the general public regarding the protection of human rights.Deepening the research on the perception of respect for human rights can contribute to a more comprehensive understanding of the practical achievements of the hu man rights cause.Public environmental rights,as a new type of human rights,have become an important aspect of the development of the human rights cause in the new era.The central envi ronmental inspection,as an authoritative and interventionist vertical governance mechanism,promotes the implementation of environmental policies by local Party committees and govern ments and strengthens environmental information disclosure and public participation in environ mental matters.As a result,it contributes to the realization of public environmental rights and stimulates public perception of respect for human rights.Among them,the“look-back inspec tion is an important component of the central environmental inspection,and its implemen tation consolidates and enhances the previous inspection work.An empirical analysis based on the World Values Survey’s data for China indicates that residents in the provinces that have underg one“look-back inspections are more inclined to believe that human rights are adequately re spected compared to residents in the provinces that have not underwent such inspections.It suggests that the advancement and improvement of the central environmental inspection system promote improvements in ecological environment quality and contribute to enhancing the public percep tion of respect for human rights.

The Protection of Human Rights in the Construction of Barrier-free Environment--Viewed from the perspective of the Marxist Human Rights Concept

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.

An Academic Summary of the International Seminar Series on “State Responsibilities for the Protection of Human Rights in Public Health Crises”

On June 8,2020,an international video conference on"State Responsibilities for the Protection of Human Rights in Public Health Crises,"co-organized by the Human Rights Center of Jilin University,the Law School of Jilin University,the Theoretical Law Research Center of Jilin University and Saint-Petersburg State University of Russia,was successfully held under the guidance of the China Society for Human Rights Studies.Chinese and foreign experts and scholars from universities and research institutions at home and abroad participated in the discussion.In the context of a public health crisis and against the background of a complex international situation,the seminar discussed the responsibility of a state to protect human rights from the perspective of the rights and obligations of states regulated by international laws and the international cooperation exhibited by international relations.It fully demonstrated the importance of multilateral cooperation and promoted the concept of a community with a shared future for human beings.

Promoting the Common Development of Education and Protection of Environmental Rights

Environmental fights are im- portant fights that have been written into fundamental hu- man rights since the 1970s. With economic globalization and sci- entific and technological progress, it is more and more important to educate and protect environmental rights world- wide. As a large developing country, China has significant responsibilities in the field of global environmental safety. However, the awareness and status of environmental rights protection are still not suited to people＇s demands for environmental rights, making it an important task to carry out scientific planning and environmental rights edu- cation and improve citizens＇ enjoyment of environmental rights. We propose to start from defining the constitutional status of environmental rights and pro- mote the education and protection of environmental rights at the same time, so as to enhance mutual influence and contribute to creating a good environ- ment for mankind.

Analysis on Ecological Personality Right--In the Perspective of Environmental Personality Right

This essay focuses on expanding the traditional theory of personality right and referring to the outside legislative cases in order to promote environmental information disclosure,the purpose,therefore is to realize the ecological personality right.

On China's Protection of Citizens' Right to Be Informed and Construction of Government Information Publicity System

I. The Unfolding Situation of the Philosophy of Right to Be Informed in China and Early Construction of Government Information Publicity System The origin of the thought,known as China＇s protection of right to be informed and the construction of government information publicity system

Judicial Protection of the Right To Environment——An analysis of a fishery pollution case

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

Land Expropriation and Constitutional Protection of Farmers' Rights

One of the reasons for many social tragedies resulted from land expropriation in China is failure of the constitution to bring into play its due functions in standardizing land expropriation power of the government and protecting farmers' rights.In the existing land expropriation system,government is not only a policy maker of land expropriation,but also a "referee" of dispute over land expropriation.Government' land expropriation power and land-expropriated farmers' rights become out of balance.As a result,some local governments do not attach importance to farmers' rights,making land-expropriated farmers dissatisfied and consequently leading to some social tragedies unfavorable for harmony and stability.To fundamentally settle disputes over land expropriation and realize win-win of farmers' right and state interest,it should bring into full play functions of the constitution through protecting farmers' right to participate in land expropriation and establishing constitution evaluation mechanism.

The Idea of“Codification”of Human Rights to Environment

As China has embarked on a new journey to comprehensively build a modern socialist country and marches toward the Second Centenary Goal,improving the protection of human rights in environmental protection has become a key task to meet people's growing demand for a better life.The international community has reached a consensus on the human rights attribute of environmental rights,and China has also recognized it in its National Human Rights Action Plan of China(2021-2025).Early claims for environmental human rights gave birth to modern environmental law at the international level,while the global consensus on sustainable development promoted the new development of environmental human rights.In China,the construction of a"beautiful China"has become the national goal confirmed by the Constitution.The confirmation of environmental rights in the planned environmental code can further clarify the connotation of the value system of the code and help clarify the institutional structure and attribution logic of the code.Based on the subjective right and objective value of environmental rights,the specific scheme for the"codification"of environment rights is to construct the system from three levels of ontological provision,guarantee provision and reliefprovision.

International Cooperation and Human Rights Protection in the Fight against the COVID-19 Pandemic

The protection of human rights through international cooperation has a long history.Core human rights conventions,regional human rights treaties and other human rights instruments have continuously developed the meaning and scope of international human rights cooperation.The modern risk-laden society with a high degree of complexity and uncertainty has changed the world pattern,which calls for the building of a community with a shared future for human beings with cooperation as the starting point.Under the constant threat of the novel coronavirus,we must continue to deepen the concept of a community with a shared future for human beings,adhere to a“human rights-oriented”approach,and pay particular attention to the current supply and distribution of the COVID-19 vaccine as an important global public good.Only through solidarity and cooperation can mankind finally win the battle against this pandemic and protect human rights.

Creating an Institutional Environment for Protecting the Rights and Interests of China’s Dispatched Labor

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.

Human Rights Protection and Defusing Public Disputes

The concept of human rights has already become the shared value of the majority of countries in the international community. However, realization of human rights is decided not only by lofty ideals but also pragmatic values. That is, can human rights be used for solving major issues of society？ With regard to the pragmatic value of human rights, the relationship between human rights and defusing public disputes is one of the questions debated by academic researchers and practitioners. Their focus is whether human rights protection helps in defusing public disputes.

The Some New Aspects of the International Business Theory and International Economy

Different positions of the member states of the World Trade Organization （WTO）, especially the developed and developing countries and also the United States of America （USA）, the European Union （EU）, and Japan representatives, were observed during the Doha Round of trade negotiations under the WTO. The problems of agriculture protection in the developed countries, for example in the EU and USA and also in the developing countries, were becoming serious obstacles during the negotiations. Despite the undeniable benefits of the multilateral WTO forum for trade liberalization, the rapid increase of North-South bilateral and multilateral free trade areas （FTAs） begs a systematic explanation for why some forums are prioritized relative to others. The main aim of the article is the presentation of some new aspects of the international business theory in the context of international economy. The article presents the mercantilist tendencies in the international trade policy, the theory of public choice in the foreign trade policy, protectionist pressures in different political systems, the level of protectionist pressures, food producers＇ pressure, and conflicts between the tendencies to sustainable international trade liberalization and environmental protection.

Developing a Comprehensive Regime for Personal Information Protection in Networked Chinese Public Sectors

With the increasing sharing and reuse of personal information resources for better public services, the effective protection and management of personal information as organizational and individual assets as well as social resources are becoming more and more important in networked Chinese public sectors. Existing studies of personal information protection in China is mainly conducted from the legal perspective with a focus on the development of appropriate legislation and policies at the national level. There is little research on how specific legislation and polices can actually be implemented in an effective manner and what impacts such legislation and policies have on individuals, organizations, and the society. To adequately address this issue, this study investigates the legal requirements for personal information protection based on the relevant laws, regulations, and standards in China. It proposes a comprehensive regime for personal information protection in the networked public sectors in China. Such a regime takes the advantages of existing discipline-based approaches, legal requirements, and control mechanisms for personal information protection. It can be used to facilitate the provision of public services in the networked Chinese public sectors through the adequate protection of personal information and the effective management of personal information.

Public Security Penalties Law Respects, Protects Human Rights

On August 28, 2005, China＇s highest legislature adopted the Law on Penalties in Respect to Public Security Management （hereinafterrefen＇ed to as the Public Security Penalties Law for short）. The Law, adopted at the 17th meeting of the Standing Committee of the Tenth National People＇s Congress, shall become effective for implementation on March 1, 2006 to replace the Regulations on Penalties in Respect to Public： Security Management （Herein after referred to as the Public Security Penalties Regulations for short） that has been in practice for 18 years.

论个人信息保护民事公益诉讼起诉主体的范围与顺位

自个人信息保护民事公益诉讼在我国开展以来,理论界与实务界就对该类诉讼的起诉主体存在较大争议,分歧主要集中在范围界定与诉权顺位两个方面。《个人信息保护法》第70条虽然对该类诉讼的起诉主体作了规定,但主体范围不明以及诉权顺位不清的问题仍未得到彻底解决。要正确实施该制度,应否定“履行个人信息保护职责的部门”的起诉资格,扩张“法律规定的消费者组织”的范围,明确“由国家网信部门确定的组织”的条件,并以《民事诉讼法》第58条及不同类型民事公益诉讼之间的关系为依据,厘清不同起诉主体的诉权顺位。当受侵害对象为普通公民时,应尊重检察机关民事公益诉权的补充性,将“国家网信部门确定的组织”的起诉顺位置于检察机关之前;当受侵害对象为众多消费者时,应考虑到受侵害对象的特殊身份,依次由“法律规定的消费者组织”“由网信部门确定的组织”和检察机关行使起诉权。

论环境领域刑事诉权与民事公益诉权的协调

严重的环境损害行为是刑事诉权和民事公益诉权共同的适用对象,但我国立法并未明确规定两诉权同时行使时的关系如何处理,实践中呈现出环境民事公益诉讼附从于刑事诉讼,后者却疏离前者的现象。这是由于环境民事公益诉讼在客体范围、主体资格、诉求实现方面,与刑事诉权具有高度的亲缘性,但在办案时限、诉权成本、财产刑执行方面又与刑事诉权不相协调。因此,应当在立足两诉权适用对象具有同一性的基础上,以优先修复受损的生态环境为导向,在刑事办案过程中实行公益损害审查的法定化模式,从批捕或介入侦查环节开始即可启动民事公益诉权,遵循“附带为原则,不附带为例外”的要求,与法院的审判权良性互动,实现两诉权的有效协调。

环境健康权作为法律权利的证成

环境健康权是以环境健康利益为核心的一项新兴权利,具有公法与私法属性,环境健康权与环境权以及健康权有着密切的关联。环境健康权优先性是证成环境健康权的逻辑前提,环境健康利益能够满足人格尊严需求,具有伦理道德基础,并形成社会普遍的共识。环境健康权权利推定的合法性证成和权利创设的实践性证成将应然性的环境健康权利转化为实然性权利,可通过修订环境法律将环境健康权利内容予以明确规定。完善私法救济机制,法院在环境民事诉讼中应确立环境健康利益的优先地位,降低环境健康受害人的举证难度,发挥惩罚性赔偿责任的损害填补功效。健全以环境行政部门管控环境健康风险为核心的公法制度,实施环境法律制度须以保障公众健康为导向。

民行交叉视域下居住权与抵押权的权利冲突与协调

为尽可能避免居住权对抵押权实现的不利影响,部分不动产登记机构、住房公积金管理中心等通过行政规范性文件规定居住权的设立前置条件及其消极法律后果。这类规则既缺乏上位法依据,亦难与既有民法体系兼容,甚至已僭越了行政权合理介入物权的权力半径,不具备增设限制性条款的可行性。考虑到抵押权人及行政机关的风险防范与特殊利益,居住权与抵押权的权利冲突与协调应回归民法的私益对抗范畴,排除与民法规范相悖的绝对限制性规则,允许当事人在相对限制的界限内自主分配各自所应承担的风险并在一定条件下赋予抵押权人防御性救济权,减少抵押权人对居住权的抵触心理。为了发挥当事人之约定应有的对抗性效力,需辅之以不动产登记中心的特殊约定记载义务与风险提示义务,完善住房公积金管理中心、银行等机构的事前风险预警机制,从根本上消解居住权与抵押权的权利冲突状态。