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Addressing Japan’s disposal of nuclear-contaminated water from the perspective of international human rights law
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作者 Yen-Chiang Chang Xiaonan Zhao 《Chinese Journal of Population,Resources and Environment》 2024年第1期1-9,共9页
The discharge of nuclear-contaminated water containing radionuclides into the ocean by Japan will lead to its integration into the entire ecosystem through processes of circulation and biomagnification,eventually ente... The discharge of nuclear-contaminated water containing radionuclides into the ocean by Japan will lead to its integration into the entire ecosystem through processes of circulation and biomagnification,eventually entering the human body via the food chain.This poses a substantial risk of irreversible damage to both the ecosystem and human health,a situation that will worsen with the ongoing discharge of such water.The respect and protection of human rights represent an international consensus,and safeguarding fundamental human rights is a substantial obligation that states must undertake in accordance with both international and domestic law.Since the Fukushima nuclear disaster,Japan has continuously violated its international legal obligations to protect human rights in several areas,including the resettlement of disaster victims,the reduction of nuclear radiation levels,and the handling of contaminated water.Such actions have compromised and will continue to compromise the basic human rights of not only its citizens but also those of people worldwide,including environmental rights,the right to life,development rights,and food rights.In the aftermath of the Fukushima meltdown,the public and workers involved in handling nuclear contaminants have been continually exposed to high radiation levels,endangering their rights to life,development,and health.Japan’s inadequate efforts in victim resettlement and environmental restoration have jeopardized the environmental and food rights of its citizens to live healthily and access food in an environment unaffected by nuclear radiation.The release of nuclear-contaminated water poses a risk of Japan’s nuclear pollution to the people of neighboring countries and the global population at large.The principle of human rights underpins the theory of a community with a shared future for humanity,and human rights are a crucial area of China’s active participation in United Nations affairs and global governance.By voicing concerns over Japan’s potential human rights violations globally,China demonstrates its role as a responsible major country.In response to Japan’s breach of legal obligations and human rights violations,China can adopt a reasoned and beneficial approach,including calling on the international community to hold Japan criminally accountable for crimes against humanity under the Rome Statute and advancing scholarly discussions on ecocide and crimes against the marine environment.Furthermore,China should persist in seeking advisory opinions from the International Court of Justice and strive for substantive accountability,utilizing the mechanisms of international human rights organizations to make its voice heard. 展开更多
关键词 Fukushima nuclearcontaminated water Crimes against humanity Remedy for violations of human rights right to environment right to life
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Working for Global Progress in Human Rights
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作者 XIA YIPU 《China Today》 2024年第1期22-27,共6页
It should be ensured that all peoples enjoy human rights as equals by allowing them to follow their respective paths of modernization.DECEMBER 2023 marked the 75th anniversary of the Universal Declaration of Human Rig... It should be ensured that all peoples enjoy human rights as equals by allowing them to follow their respective paths of modernization.DECEMBER 2023 marked the 75th anniversary of the Universal Declaration of Human Rights(UDHR).On December 10,1948,the United Nations General Assembly adopted the UDHR(General Assembly resolution 217 A),the first international document on this issue.Chang Peng Chun(P.C.Chang,1892-1957),vice chairman of the original UN Commission on Human Rights at the time. 展开更多
关键词 HUMAN rights chairman
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Promoting Human Rights Through Development
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作者 EHIZUELEN MICHAEL MITCHELL OMORUYI 《ChinAfrica》 2024年第3期32-33,共2页
China’s human rights practice focuses on the rights of subsistence and development,China always regards rights to subsistence and development as primary and basic human rights.As a goal humanity has pursued for a lon... China’s human rights practice focuses on the rights of subsistence and development,China always regards rights to subsistence and development as primary and basic human rights.As a goal humanity has pursued for a long time,the Chinese people have worked tirelessly to protect human rights for all.Consistent with its rising global stature,the nation has moved from its traditionally more defensive posture to a more activist role in the field of global human rights protection,especially in the United Nations Human Rights Council. 展开更多
关键词 HUMAN traditionally rights
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Problems and Countermeasures to Improve Clinical Trial Participants’Compensation Rights in China
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作者 Yang Xiuqiao Wen Ping +2 位作者 Lin Hong Chen Wenhuan Chen Yuwen 《Asian Journal of Social Pharmacy》 2024年第1期58-63,共6页
Objective To discuss the problems existing in the compensation of Chinese clinical trial participants and propose some suggestions for improving their rights.Methods The literature related to the participants’right t... Objective To discuss the problems existing in the compensation of Chinese clinical trial participants and propose some suggestions for improving their rights.Methods The literature related to the participants’right to compensation at home and abroad was searched to study the inadequacy of the compensation right for clinical trial participants in China from four aspects:insurance system,principle of attribution,legal relationship and compensation regulations.Then,some suggestions to improve the participants’right to compensation were proposed.Results and Conclusion China lacks clear legal norms for participants’right to compensation.There are problems such as unclear insurance rules and compensation rules,unclear contractual relationships between parties to clinical trials,and no laws and regulations to rely on for attribution and compensation.China should issue regulatory guidelines related to the right to compensation of participants in clinical trials,so that all parties in clinical trials can have rules to follow if there is the occurrence of injury,which can better protect the rights and interests of the participants. 展开更多
关键词 clinical trial PARTICIPANT compensation right
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Development of Human Rights-Based Practices in Psychiatry from People Living with Mental Health Problems During Involuntary Hospitalization or Treatment - A Secondary Publication
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作者 David Pelosse Pierre Pariseau-Legault 《Journal of Clinical and Nursing Research》 2024年第3期247-255,共9页
This article presents the research protocol of an interpretative phenomenological study that aims to understand the lived experiences of coercion and human rights-based practices in psychiatry from the perspectives of... This article presents the research protocol of an interpretative phenomenological study that aims to understand the lived experiences of coercion and human rights-based practices in psychiatry from the perspectives of people living with mental health problems during involuntary hospitalization or treatment.This qualitative study used an interpretative phenomenological analysis design.In-depth,one-on-one interviews along with a socio-demographic questionnaire were conducted with approximately 10 participants.Data analysis was followed by an iterative and hermeneutic emergence coding process.By centering human rights-based practices on the lived experiences of people living with mental health problems who encountered coercion,this study highlighted the contributing and limiting factors to the recognition of human rights in nursing practices.This study also promoted the development of nursing knowledge and practices that can significantly contribute to an individual’s recovery process. 展开更多
关键词 Mental health Coercion Support Human rights USERS
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基于AGREEⅡ和RIGHT对医患沟通指南的质量评价研究
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作者 黄玮 方美琳 +2 位作者 王存泽 黄莎莎 王凌 《中国医药指南》 2024年第6期50-52,56,共4页
目的对医患沟通的临床实践指南进行方法学和报告质量评价,以期确定高质量指南,提供临床参考。方法通过检索MEDLINE(PubMed)、Web of Science、中国知网(CNKI)、万方数据知识服务平台、维普(VIP),补充医脉通、用药助手、丁香园网站的相... 目的对医患沟通的临床实践指南进行方法学和报告质量评价,以期确定高质量指南,提供临床参考。方法通过检索MEDLINE(PubMed)、Web of Science、中国知网(CNKI)、万方数据知识服务平台、维普(VIP),补充医脉通、用药助手、丁香园网站的相关临床实践指南(CPG),使用AGREEⅡ和RIGHT工具进行指南质量评价,采用组内相关系数(ICC)用于评估评审者对每个项目理解的一致性。结果共纳入2份临床实践指南,每个领域的评审人员的总体一致性是可以接受的。AGREEⅡ评价结果显示,2篇指南推荐级别均为B级,CPG所有7个领域的平均报告率为50.64%,其中领域1最高(88.89%),领域3最低(30.95%)。RIGHT评价结果显示,指南平均报告率为29.22%。结论医患沟通相关指南质量与数量仍有待提高,指南制订者应严格按照AGREEⅡ和RIGHT的要求规范撰写,以期提出高水平、高标准的循证指南,来指导医护人员的临床实践。 展开更多
关键词 AGREEⅡ right 医患沟通 质量评价
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Impacts of Changes in Structure of Rural Land Property Rights on Agricultural Performance
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作者 Yujing LI Yongfang YANG +1 位作者 Yutian XIA Hao CHENG 《Asian Agricultural Research》 2023年第3期1-6,10,共7页
In the reform process of the rural land property rights system,the incentive mechanism of the rural land property rights system has a crucial impact on the production activities of rural economic entities.Due to the d... In the reform process of the rural land property rights system,the incentive mechanism of the rural land property rights system has a crucial impact on the production activities of rural economic entities.Due to the different rights structures of the property rights system in different social and economic development stages,the land rights and interests enjoyed by rural economic subjects are different,and the degree of incentives for farmers is also different.This difference in incentives affects farmers investment in agricultural production factors,which in turn affects agricultural performance.This paper analyzes the incentive impacts of the structure of rural land property rights on the changes of farmers land rights and agricultural performance since the founding of the People s Republic of China,in order to further deepen the reform of the land system,protect the rights and interests of farmers,promote the modernization of agriculture and rural areas,and explore the realization form and operation mechanism of the rural collective land system in the new era. 展开更多
关键词 Rural land property rights system Rural land property rights Property rights structure Agricultural performance
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Non‑fungible tokens:a bubble or the end of an era of intellectual property rights
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作者 Elli Kraizberg 《Financial Innovation》 2023年第1期777-796,共20页
The viability of exponentially growing non-fungible token(NFT)market is evaluated by identifying potential value-generating mechanisms that can be rationalized.After identifying the value-generating mechanisms underly... The viability of exponentially growing non-fungible token(NFT)market is evaluated by identifying potential value-generating mechanisms that can be rationalized.After identifying the value-generating mechanisms underlying the positive values of NFTs,this study establishes a pricing model for NFTs that follows a continuous-time financial framework.As NFTs are claimed to securitize“ownership rights short of use”,and as such they may potentially serve as a substitute for the need to rely replace the reliance on the legal protection provided by intellectual property rights(IPRs).Considering this issue,this study evaluates the likelihood that NFTs will replace existing mechanisms that protect producers’rightful claim to use their assets or the need to apply the legal code that governs IPRs.The financial condition for this potential shift is derived for a category of assets whose use or consumption does not reduce supply as the notion of scarcity does not apply. 展开更多
关键词 Non-fungible tokens Intellectual property rights STATUS
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Federation Boosting Tree for Originator Rights Protection
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作者 Yinggang Sun Hongguo Zhang +3 位作者 Chao Ma Hai Huang Dongyang Zhan Jiaxing Qu 《Computers, Materials & Continua》 SCIE EI 2023年第2期4043-4058,共16页
The problem of data island hinders the application of big data in artificial intelligence model training,so researchers propose a federated learning framework.It enables model training without having to centralize all... The problem of data island hinders the application of big data in artificial intelligence model training,so researchers propose a federated learning framework.It enables model training without having to centralize all data in a central storage point.In the current horizontal federated learning scheme,each participant gets the final jointly trained model.No solution is proposed for scenarios where participants only provide training data in exchange for benefits,but do not care about the final jointly trained model.Therefore,this paper proposes a newboosted tree algorithm,calledRPBT(the originator Rights Protected federated Boosted Tree algorithm).Compared with the current horizontal federal learning algorithm,each participant will obtain the final jointly trained model.RPBT can guarantee that the local data of the participants will not be leaked,while the final jointly trained model cannot be obtained.It is worth mentioning that,from the perspective of the participants,the scheme uses the batch idea to make the participants participate in the training in random batches.Therefore,this scheme is more suitable for scenarios where a large number of participants are jointly modeling.Furthermore,a small number of participants will not actually participate in the joint training process.Therefore,the proposed scheme is more secure.Theoretical analysis and experimental evaluations show that RPBT is secure,accurate and efficient. 展开更多
关键词 Federated learning data privacy rights protection decision tree
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Build Asian Consensus on Human Rights,Promote-Overview of Academic Viewpoints at the Asian Forum on Human Rights 2022
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作者 曹炜 张舒 LIU Haile 《The Journal of Human Rights》 2023年第2期444-458,共15页
The Asian Forum on Human Rights was held at the Renmin University of China(RUC)from November 26 to 27,2022.With the theme“Environment,Climate Change and Human Rights,”the event consisted of 12 sub-forums.The forum w... The Asian Forum on Human Rights was held at the Renmin University of China(RUC)from November 26 to 27,2022.With the theme“Environment,Climate Change and Human Rights,”the event consisted of 12 sub-forums.The forum was hosted by RUC and jointly organized by the RUC Law School,RUC School of Global Governance,Human Rights Center of RUC,RUC Asia-Pacific Institute of Law,and RUC Center for Coordination and Innovation of Food Safety Governance.The forum focused on discussing topics related to climate change and the environment and responded to common concerns of the international community.It built an international exchange platform to facilitate Asian scholars to build consensus on human rights.Covering a wide range of topics,the event promoted academic exchange in various fields.Experts and scholars from both home and abroad built an extensive consensus on topics such as climate change,environmental conservation,and human rights protection through open exchanges and in-depth discussions,contributing their ideas and wisdom to improving the common well-being of Asian people. 展开更多
关键词 human rights environmental rights climate change Asian concept of human rights
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The Four Categories of Chinese Discourse on Human Rights and Their Interrelationships
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作者 常健 LI Donglin 《The Journal of Human Rights》 2023年第3期493-511,共19页
In China,the main discourse on human rights can be classified into four categories:political discourse,policy discourse,institutional discourse,and academic discourse.These four categories show significant differences... In China,the main discourse on human rights can be classified into four categories:political discourse,policy discourse,institutional discourse,and academic discourse.These four categories show significant differences in terms of the context,content,mode of expression,characteristics,and functions of the discourse.They cannot be simply equated or interchangeable with one another.However,they also rely on,restrict,and promote each other,and under certain conditions,they can be transformed into one another.It is needed to prevent imbalances,mismatches in context,isolation,and inadequate translation among human rights discourses.Meanwhile,it is essential to promote balanced development among different discourses,where each discourse maintains its own boundaries,refers to one another,and undergoes accurate translation,in order to construct their healthy interrelationships.Exploring appropriate methods of translation between discourses is an important and worthwhile topic for research in Chinese human rights discourse.It holds significant practical significance and academic value in constructing the Chinese human rights discourse system. 展开更多
关键词 political discourse on human rights policy discourse on human rights institutional discourse on human rights academic discourse on human rights interdiscursivity
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Modernization and the Diversity of Human Rights Among Civilizations--Review of the 2023 China-europe Seminar on Human Rights
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作者 谭堾垿 LIU Haile(Translated) 《The Journal of Human Rights》 2023年第6期1373-1386,共14页
Human rights are an achievement of humanity and a symbol of progress.Respect for and protection of human rights are basic principles of modern civilization.Around the world,countries and regions have chosen different ... Human rights are an achievement of humanity and a symbol of progress.Respect for and protection of human rights are basic principles of modern civilization.Around the world,countries and regions have chosen different paths to modernization,which are rooted in their unique civilizations.to promote exchanges and mutual learning among civilizations,facilitate human rights exchanges and cooperation between different countries,and advance the global development of human rights,on September 20,2023,the 2023 China-europe Seminar on Human Rights was held in Rome,the capital of Italy.Under the theme of“Modernization and the Diversity of Human Rights Among Civilizations,”the seminar focused on discussing topics such as exchanges and mutual learning among civilizations and the development of modern human rights philosophy,modernization and the free and well-rounded development of every person,sustainable development in the process of modernization,and the evolution of the civilization of human rights in the digital age.participants reached the following consensuses at the event:First,the participants from various countries spoke highly of the great achievements that China has made in human rights cause and fully recognized China’s contributions in promoting the development and progress of the global human rights cause;Second,the participants from all countries agreed that it is necessary to discard the concept of“Western-centrism,”transcend the mindset of“cultural superiority,”promote human rights exchanges and mutual learning among civilizations on the basis of equality and mutual respect,and inject new impetus into the diversity of human rights among civilizations;third,participants reaffirmed that human rights represent an open concept,and that we should discuss the development of human rights with an open mind and jointly promote the progress of human rights in the world. 展开更多
关键词 China-Europe Seminar on Human rights modern-ization diversity of human rights among civilizations sustainable development digital human rights
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On the Construction and Application Scenarios of——Analysis of Environmental Personality Interests Based on Human Rights
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作者 周珂 蒋昊君 LI Donglin 《The Journal of Human Rights》 2023年第2期237-256,共20页
Environmental personality interests based on human rights reflect the multiple values of ecological order,ecological justice,and ecological freedom,and are closely linked to the protection of the right to life and the... Environmental personality interests based on human rights reflect the multiple values of ecological order,ecological justice,and ecological freedom,and are closely linked to the protection of the right to life and the right to health.They are also related to human dignity and the personal freedom of civil subjects and conform to formal and essential standards of personality rights,which should be included in the scope of personality rights for protection.The construction and application of environmental personality rights faces bottlenecks such as the partiality of subjects,limitation of objects,and hysteresis of responsibilities in the protection of environmental personality rights.Environmental personality rights are supposed to reflect the needs of the development of modern human rights.We should expand the scope of its connotative power and function based on the Green Principle of the Civil Code,and follow a networked,typified,and systematic path of protection,so as to manifest the people-centered philosophy of the Civil Code and the Environmental Protection Law. 展开更多
关键词 environmental personality interests human rights human dignity personality rights
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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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Constitutional Nature of Personality Rights and Its Manifestation in Civil Law
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作者 陈斯彬 《The Journal of Human Rights》 2023年第4期804-825,共22页
The formation of personality comes from people’s choices and pursuit of self-realization,which is influenced by objective factors but not determined by them,so personality does not belong to the domain of objectivity... The formation of personality comes from people’s choices and pursuit of self-realization,which is influenced by objective factors but not determined by them,so personality does not belong to the domain of objectivity.The concept of general personality rights in the German Constitution was initially premised on the objective determinability in the field of personality,but in constitutional jurisprudence,it gradually shifted to something with individual autonomy as the core and personal self-realization as the goal,and the scope of relevant rights expanded accordingly,so that they could not be clearly distinguished from general freedom of action and thus became the general principle of constitutional rights.The protection of constitutional personality rights in the United States and Japan can also confirm this process,providing evidence for the constitutional nature of personality rights.Deeper research shows that constitutional personality rights actually manifest the highest value of modern constitutions—human dignity.In contrast,the theoretical justification of personality rights in civil law just lies in the objectivity and defensive nature of personality elements. 展开更多
关键词 general personality rights constitutional personality rights SELF-REALIZATION SELF-DETERMINATION human dignity
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The Impact of Central Environmental Inspections on the Perception of Respect for Human Rights and Its Empirical Analysis
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作者 毛益民 LIU Haile 《The Journal of Human Rights》 2023年第3期599-612,共14页
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... 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. 展开更多
关键词 central environmental inspection public environmental rights perception of respect for human rights human rights cause
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An Evaluation of the Core Controversies in Contemporary Western Human Rights Theory——A Study Based on the Examination of the Criterion of Fidelity to Practice
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作者 李聃 LI Donglin 《The Journal of Human Rights》 2023年第3期658-683,共26页
The development of theories on human rights with Chinese characteristics and China’s engagement in global human rights governance cannot be separated from attention to contemporary Western human rights theory.The deb... The development of theories on human rights with Chinese characteristics and China’s engagement in global human rights governance cannot be separated from attention to contemporary Western human rights theory.The debate between naturalistic and political conceptions of human rights has a long history,but discussions on the basic criteria for evaluating human rights theories have been insufficient.This article,focusing on the criterion of fidelity to practice,attempts to identify the development trajectory and direction of human rights theory.The universal claims of naturalistic human rights perspectives and the human rights catalog they propose have been criticized for deviating from practice.On the other hand,political conceptions of human rights,while emphasizing domestic human rights practices,have been criticized for their occasional nature and perceived loss of criticality.The broad-way practice theory seeks a third way that goes beyond the divide between these two perspectives.On the one hand,the theory itself faces limitations and the need for reshaping,while on the other hand,the traditional singular practice theory is also undergoing self-renewal.It can be said that the“internal critique”of contemporary Western human rights theory is already underway and will continue. 展开更多
关键词 human rights practices naturalistic conceptions of human rights political conceptions of human rights the broad-way practice theory singular practice theory
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The Three Aspects of “Human Existence” from the Human Rights Perspective
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作者 刘志强 闫乃鑫 QIAN Chuijun(Translated) 《The Journal of Human Rights》 2023年第6期1198-1223,共26页
At present,the West overrides the east in international human rights discourse.In order to break through the shackles,it is imperative to provide legal support for China’s human rights discourse.taking the concept of... At present,the West overrides the east in international human rights discourse.In order to break through the shackles,it is imperative to provide legal support for China’s human rights discourse.taking the concept of“human existence”as the fulcrum and comparing it with nature,otherness,and community as the reference,the human being showcases triple facets:“individual person”,“person in relations”,and“person with rights”,which correspond to the three personal perspectives and progressively deduce the subjectivity of human beings,the world history of human rights,and the comprehensive and free development of human rights discourse.the concept of“individual person”is the starting point of human rights,and the harmonious,moral concept of subjectivity provides an orderly basis for the importance of the“right to subsistence and right to development”.“person in relations”represents the externality of human rights,and the world-historical view of time and space has laid the value foundation for the unity of“universality and particularity of human rights”.“person with rights”is the goal of human rights,and the concept of cooperation for the well-rounded and free development of human rights paves the conceptual way for the realization of people’s well-being. 展开更多
关键词 human existence human rights human rights discourse
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Constructing China’s Human Rights Science:Cause,Cognition,and Paradigm
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作者 鲁广锦 QIAN Chuijun 《The Journal of Human Rights》 2023年第3期473-492,共20页
“China’s Human Rights Science”is undoubtedly a brand-new concept.Just as China has its own philosophy,literature,history,law,political science,and sociology,it should also have its own human rights science.China’s... “China’s Human Rights Science”is undoubtedly a brand-new concept.Just as China has its own philosophy,literature,history,law,political science,and sociology,it should also have its own human rights science.China’s Human Rights Science refers to the cognitive science of human rights in China.Developing its disciplinary system,academic system,and discourse system,and constructing an independent Chinese human rights knowledge system,are essential requirements for promoting the great rejuvenation of the Chinese nation through Chinese modernization and creating a new form of human civilization.China’s Human Rights Science originated in China,grew in China,and deepened through China’s human rights practices.China’s Human Rights Science adhere to the universality of human rights principles and possess distinctive characteristics.It works as the knowledge-based organization,academic refinement,and theoretical expression of the path of human rights development that conforms to the trend of the times and suits China’s national conditions,as pursued by the Communist Party of China in leading the people.China’s Human Rights Science can enrich and develop the theory of human rights civilization,and should become a global public product of human rights. 展开更多
关键词 China’s Human rights Science independent human rights knowledge system Chinese modernization a new form of human rights civilization
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The Development of Human Rights Protection in Cross-border Personality Rights and Tort Conflict Laws
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作者 徐伟功 张亚军 LI Donglin(Translated) 《The Journal of Human Rights》 2023年第6期1319-1346,共28页
Personality rights are basic rights related to human dignity in the concept of human rights protection,and respect for personality rights is the basic prerequisite for safeguarding other human rights.Human rights prot... Personality rights are basic rights related to human dignity in the concept of human rights protection,and respect for personality rights is the basic prerequisite for safeguarding other human rights.Human rights protection exerts a profound impact on the value of legislation and enforcement practices of private international laws in the field of cross-border personality rights infringement in various countries,which is mainly manifested in the integration of substantive justice and the humanistic care concept of protecting the rights of vulnerable groups into formal justice,and expands the development space of human rights protection ideas in cross-border personality rights and tort conflict laws.the diversity of human rights protection values determines that cross-border personality rights infringement may lead to conflicts between personality rights and other basic rights,such as freedom of speech.to reconcile such conflicts,a workable method is to prioritize personality rights protection in accordance with the hierarchy of rights theory in the value judgment of public order reservation or to clarify the limits of the right holder’s tolerance obligation through the limited application of the principle of proportionality.China’s current cross-border personality rights and tort conflict law can optimize the protection of the rights of vulnerable groups by diversifying the options of available legal methods,and establish a balancing mechanism between personality rights and freedom of speech,so as to improve China’s legal protection system for human rights in the field of foreign-related civil and commercial affairs. 展开更多
关键词 human rights protection protection of the rights of vulnerable groups substantive justice personality rights and tort conflict laws
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