THE JOURNAL OF HUMAN RIGHTS News-Clips(2024.08-2024.09)

August 2024 Chinese human rights delegation concludes successful visit to Tajiki-stan and Uzbekistan A human rights exchange delegation, led by Jiang Jinguo, executive vice presi-dent of the China Society for Human Rights Studies, concluded its visit to Tajikistan and Uzbekistan for bilateral exchanges on Aug. 1. During the eight-day visit, the delegation introduced the significant deployment regarding upholding the correct view of human rights and strengthening law enforce-ment and judicial protection of human rights, as outlined by the third plenary session of the 20th Communist Party of China Central Committee.

Transcending Labor Relations:A Study on the Mechanisms for Protecting Social Insurance Rights and Interests of Workers in New Business Forms——An Empirical Analysis Based on Judicial Cases

Abstract:With the rise of new business forms,the traditional industrial-era model of binding social insurance to labor relations is facing unprecedented challenges.In the context of these new busi-ness forms,whether the protection of workers’social insurance rights and interests can be“decoupled from labor relations”has become a hotly debated topic in academia,with“the ability to establish labor relations”emerging as a key variable influencing government depart-ments’policy choices on classified social insurance coverage.Based on this,the paper constructs a theoretical model of the correlation be-tween social insurance and labor relations to analyze cases concern-ing the protection of social insurance rights and interests of workers in new business forms.It examines the advantages and disadvantages of binding social insurance to labor relations and suggests promoting so-cial insurance policy innovation by transcending labor relations.The paper advocates abandoning the path dependency that starts with la-bor relations and clarifying the theoretical basis that workers’access to social insurance rights should be based on labor rather than em-ployment.To adapt to the profit model of new business forms,it pro-poses establishing a rule of“proportional responsibility for commis-sions,”where the social insurance contribution base is determined by the proportion and amount of corporate commissions.By reasonably setting rates,it will protect the healthy development of new business forms in a balanced manner.In this way,enterprises can share social insurance responsibilities according to unified rules without worrying about being classified as having a labor relationship,which helps fully protect workers’social insurance rights and interests and promotes fair competition and healthy development among enterprises.

Research and Analysis of Grammatical Error Correction Technology for Chinese Documents

With the widespread use of Chinese globally, the number of Chinese learners has been increasing, leading to various grammatical errors among beginners. Additionally, as domestic efforts to develop industrial information grow, electronic documents have also proliferated. When dealing with numerous electronic documents and texts written by Chinese beginners, manually written texts often contain hidden grammatical errors, posing a significant challenge to traditional manual proofreading. Correcting these grammatical errors is crucial to ensure fluency and readability. However, certain special types of text grammar or logical errors can have a huge impact, and manually proofreading a large number of texts individually is clearly impractical. Consequently, research on text error correction techniques has garnered significant attention in recent years. The advent and advancement of deep learning have paved the way for sequence-to-sequence learning methods to be extensively applied to the task of text error correction. This paper presents a comprehensive analysis of Chinese text grammar error correction technology, elaborates on its current research status, discusses existing problems, proposes preliminary solutions, and conducts experiments using judicial documents as an example. The aim is to provide a feasible research approach for Chinese text error correction technology.

最大度与最小度相差不超过2的图的平衡judicious划分

图G的顶点集V(G)的一个二部划分V_1和V_2叫做平衡二部划分,如果||V_1|-|V_2||≤1成立.Bollobas和Scott猜想:每一个有m条边且最小度不小于2的图,都存在一个平衡二部划分V_1,V_2,使得max{e(V_1),e(V_2)}≤m/3,此处e(V_i)表示两顶点都在V_i(i=1,2)中的边的条数.他们证明了这个猜想对正则图(即△(G)=δ(G))成立.颜娟和许宝刚证明了每个(k,k-1)-双正则图(即△(G)-δ(G)≤1)存在一个平衡二部划分V_1,V_2,使得每一顶点集的导出子图包含大约m/4条边.这里把该结论推广到最大度和最小度相差不超过2的图G.

(k,k-1)-双正则图的平衡Judicious Partitions(英文)

Bollobás和Scott提出猜想:任意一个边数为m且最小度大于1的图存在顶点集的平衡二部划分使得每一部分点集的导出子图包含的边数不超过m/3.Bollobás和Scott证明了绝大部分正则图存在顶点集的平衡二部划分使得每一部分点集的导出子图包含的边数比m/4小.这里讨论(k,k-1)-双正则图的平衡二部划分,证明了每一个(k,k-1)-双正则图存在平衡二部划分使得每一部分点集的导出子图包含的边数是m/4左右.

Administrative Patent Enforcement in China

China is one of the major markets for patent filing and patent exploitation.A powerful enforcement environment may boost both of patent filing and exploitation.A two-track system for the patent enforcement is available in China:the administrative system via local intellectual property offices,and the judicial system via courts.

Differences of language learning beliefs of postg raduates and undergraduates

The Company Law of 1993 is important in protecting the interests of both companies and shareholders.But on stock right,it always arouses heated debate among scholars.Before the promulgation of New Company Law of 2006,varieties of theories of this issue have been formed.Through analyzing and refuting those theories,I try to clear the ambiguous definition by explaining the essence of right and comparing related right,so as to reach the conclusion that the stock right is only the changeable form of the ownership of shareholders.

Judicial Application of International Human Rights Treaties in China

Since the Chinese Constitution does not stipulate the status of international treaties in the domestic legal system,the question of whether the domestic court can apply international human rights treaties keeps obscure all the time.China’s official statement and academic opinions generally believe that the domestic court couldn’t resort to the human rights treaties.In recent years,however,several cases have come out involving direct reference to human rights treaties by the court.The following factors contribute together to the direct reference:the inward-looking nature of international human rights treaties,specific requirements of human rights treaties,and the possible institutional room in Chinas’s current legal system.Take the view off ulfilling international human rights obligations,the practice of judicial application should be fully affirmed.Nevertheless,it should also be noted that relevant practice is still in its infancy,there are some problems such as inconsistent understanding and non-standard application.From the perspective of top-level design,it is necessary to provide a normative basis for the practice of the court,so as to make the international human rights treaties play their due role.

Word Segmentation for Chinese Judicial Documents

Word segmentation is an integral step in many knowledge discovery applications. However, existing word segmentation methods have problems when applying to Chinese judicial documents:(1) existing methods rely on large-scale labeled data which is typically unavailable in judicial documents, and (2) judicial document has its own language features and writing formats. In this paper, a word segmentation method is proposed for Chinese judicial documents. The proposed method consists of two steps:(1) automatically generating some labeled data as legal dictionaries, and (2) applying a hybrid multilayer neural networks to do word segmentation incorporating legal dictionaries. Experiments are conducted on a dataset of Chinese judicial documents showing that the proposed model can achieve better results than the existing methods.

On Stock Right

The Company Law of 1993 is important in protecting the interests of both companies and shareholders.But on stock right,it always arouses heated debate among scholars.Before the promulgation of New Company Law of 2006,varieties of theories of this issue have been formed.Through analyzing and refuting those theories,I try to clear the ambiguous definition by explaining the essence of right and comparing related right,so as to reach the conclusion that the stock right is only the changeable form of the ownership of shareholders.

Impact of Global Climatic and Environmental Changes on Agricultural Research Challenges and Wheat Productivity in Pakistan

Food security is a human right,within a global context by aligning the opportunities to eliminate poverty,to attain the peace,the rational and implications of sustainable use and judicious management of natural resources,are the road map,to combat the disasters.The prevailing International tension with respect to climate change suggests that the food security can be achieved by penetrating,in depth,the agricultural research.Pakistan is under threat to

The Socialist Rule of Law with Chinese Characteristics and Human Rights Protection

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.

New Progress in the Judicial Protection of Human Rights in China

Foreword Respecting and protecting human rights is a constitutional principle in China.It also reflects the will and pursuit of the Communist Party of China(CPC),the Chinese government and the Chinese people.The judiciary is the last line of defense to safeguard social fairness and justice,and judicial protection of human rights is an important

The Design of Supervisory Institutions in the Ming Dynasty and Its Enlightenment to Modern Society

The supervisory system and the examination system are two indigenous political systems of China,and the former has a longer history than the latter when it comes to the origin.Having inherited the essence of the supervisory system since the Qin Dynasty,the supervisory rules in the Ming Dynasty opened a new chapter of legal thoughts of monitoring.This paper started with the design of the supervisory institutions in the Ming Dynasty recorded in the historical materials such as the Memoir of Ming Dynasty and The Interpretive Supplements to"The Great Learning",to get a glimpse of the main content of the legal thoughts of supervisory at that time,and tried to"take history as a mirror"to provide insights and lessons of the legal thoughts of supervisory in the Ming Dynasty for the later generations.

Research on the Judicial Application of Legitimate Defense in China

Legitimate defense plays an important role in curbing crimes,maintaining public order and fostering good moral conduct.In China’s judicial practice,cases on legitimate defense raised several controversies on the nature of legitimate defense,limits of excessive defense and the applicable objects and definition of special defense.The nature of legitimate defense mainly involves defense intention,defense object,defense time and other factors.The defense intention is an important sign to differ the legitimate defense from the illegitimate defense.The object of legitimate defense can only be the unlawful infringer and the actor can only prevent the ongoing illegal infringement.The existence of unlawful infringement of reality is a prerequisite for legitimate defense to be exercised.The unlawful infringement that is justified by defense should be illegal,invasive,urgency and realistic.As an unlawful infringement,the excessive defense needs to be distinguished from the legitimate defense in terms of the defense limit.As for the “necessary limit”,in principle,it means the necessary defense can stop the present unlawful infringement,and there is an obvious difference between the illegitimate defense and legitimate defense in terms of the means of the actor and the intensity of behavior.Defense behavior shall be treated as excessive defense only if it “obviously exceeds necessary limit” and “cause great harm” at the same time.The key to apply the special defense lies in the accurate understanding of the applicable object of special defense,that is,special defense can only be applied to “ongoing physical assault,murder,robbery,rape,kidnap and other violent crimes that seriously endanger personal safety”.

Foundations and Applications of Information Systems Dynamics

Although numerous advances have been made in information technology in the past decades,there is still a lack of progress in information systems dynamics(ISD),owing to the lack of a mathematical foundation needed to describe information and the lack of an analytical framework to evaluate information systems.The value of ISD lies in its ability to guide the design,development,application,and evaluation of largescale information system-of-systems(So Ss),just as mechanical dynamics theories guide mechanical systems engineering.This paper reports on a breakthrough in these fundamental challenges by proposing a framework for information space,improving a mathematical theory for information measurement,and proposing a dynamic configuration model for information systems.In this way,it establishes a basic theoretical framework for ISD.The proposed theoretical methodologies have been successfully applied and verified in the Smart Court So Ss Engineering Project of China and have achieved significant improvements in the quality and efficiency of Chinese court informatization.The proposed ISD provides an innovative paradigm for the analysis,design,development,and evaluation of large-scale complex information systems,such as electronic government and smart cities.

The Dilemma in the Judicial Determination of Justifiable Defense and Its Solution

When important social rights and interests of any citizens cannot be protected by public power in time,they can adopt extreme means to protect personal interests from infringement by criminal act.However,in judicial practice,some defensive behavior maintaining personal legal rights and interests,even some brave acts for a just cause,are deemed to be over defense or intentional crime.Looking at the actual situation of judicial practice in China,the number of cases identified as justifiable defense is even less.In the face of such judicial dilemma,scientific judicial concept shall be established in the judicial practice so as to accurately explain and apply to the provisions of laws and judicial interpretations related to justifiable defense.Through formation of authoritative cases,interpret the constitution conditions of justifiable defense,form binding judicial rules and strictly distinguish between justifiable defense,excessive defense and intentional crime so as to restrain subsequent similar cases.

Contextual Text Mining Framework for Unstructured Textual Judicial Corpora through Ontologies

Digitalization has changed the way of information processing, and newtechniques of legal data processing are evolving. Text mining helps to analyze andsearch different court cases available in the form of digital text documents toextract case reasoning and related data. This sort of case processing helps professionals and researchers to refer the previous case with more accuracy in reducedtime. The rapid development of judicial ontologies seems to deliver interestingproblem solving to legal knowledge formalization. Mining context informationthrough ontologies from corpora is a challenging and interesting field. Thisresearch paper presents a three tier contextual text mining framework throughontologies for judicial corpora. This framework comprises on the judicial corpus,text mining processing resources and ontologies for mining contextual text fromcorpora to make text and data mining more reliable and fast. A top-down ontologyconstruction approach has been adopted in this paper. The judicial corpus hasbeen selected with a sufficient dataset to process and evaluate the results.The experimental results and evaluations show significant improvements incomparison with the available techniques.

Objects of Criminal Legal Aid--Center On Judicial Justice and Human Rights Protection

The object of criminal legal aid refers to the person in a criminal case who has the right or eligibility toapply for legal assistance and who receives it. According to jurispru- dence, the object （or aid recipient） is a party in a given legal case, who is granted legal aid. They are often among the disadvantaged group in criminal cases, since most of them are mentally challenged, lack free- dom or have health problems.＇ Both international and domestic laws have certain norms regarding objects of criminal legal aid. Our domestic law places more emphasis on ＂defen- dants＂ while downplaying ＂suspects＂ and ＂victims＂ in identifying objects.

外国裁决与判决在摩尔多瓦共和国的执行(英文)

Ⅰ.Introduction Enforcement of foreign arbitral awards and foreign judgments represents a specific element in the overall legal mechanism for the enforcement of natural and contractual rights and functioning of the judicial system.The performance of the judiciary in ensuring