Legislative Protection for Women's Rights and Interests after the Founding of the People's Republic of China

The process of legislative protection for women’s rights and interests of the new China can be divided into two phases: The first phase is from the establishment of the People’s Republic of China to the adoption of the policy of reform and opening up to the outside

The Core of the Chinese Democracy Is to Respect and Protect Human Rights——A Summary of the Academic Seminar on Chinese Democracy and Human Rights Protection

On March 26,2023,a Seminar on Chinese Democracy and Human Rights Protection was held,jointly organized by the National Human Rights Education and Training Base and the Human Rights Research Center of Central South University under the guidance of the Chinese Society for Human Rights Studies.The event adopted a combination of online and offline channels.Over 30 experts and scholars from universities,research institutions,and practical departments across the country participated in extensive discussions on“Theoretical and Practical Aspects of Chinese Democracy and Protection of Human Rights.”The seminar aimed to focused on the essence,characteristics,advantages,and human rights implications of Chinese democracy and interpreted the concept of Chinese democracy and the protection of human rights through academic and theoretical methods.

Improvement of Legislation System of Protecting Women’s Rights and Interests in China——Taking the Amendment of the Law on the Protection of Women’s Rights and Interests as an Opportunity

The Law on the Protection of Women’s Rights and interests has been amended twice since it was promulgated 1992,and it has formed a relatively complete legislation system together with relevant laws and regulations,accumulating experience of judicial application in practice.In the current proposed amendment of the Law on the Protection of Women’s Rights and interests,the main issues that should be considered are:First,the legislative purpose of this law should be reviewed to clarify the three legislative positions of the Law on Women’s Rights and interests,in terms of protection,practice and foundation.Second,it is necessary to grasp whether the text content is appropriate and rectify any defects in the existing text.Third,it should explore how to reform and implement specific systems from the micro perspective to improve the specific systems of women’s personal,property,and social rights and interests.Fourth,it should strengthen the systematic interaction with other norms at different levels and implement the principle of gender equality stipulated in the Constitution of the People’s Republic of China.Fifth,attention should be paid to the necessity of invoking the Law in judicial practice,the possibility of operation and the effectiveness of enforcement.The proposed amendment of the Law on the Protection of Women’s Rights and interests should also sum up the experience of local legislation and judicial decisions and improve the quality of judicial application of the law so that is truly responds to the practical needs and challenges of the protection of women’s rights and interests and the implementation of gender equality in the new era.

Protection of Women’s Rights and Interests in Macao

1. Introduction With China＇s reform and opening up, great achievements have been witnessed by all of us in the protection of human rights, the basic pursuit of which is gen- der equality. Remarkable achievements have also been accomplished in the pro- tection of women＇s rights and interests. It has been 12 years since Macao＇s mann to its motherland. Over these years, Macao, under the framework of the ＂Basic Law＂ has successfully practiced the great concept of ＂one country, two systems,

Human Rights Protection Under China's Judicial System——An Interview with Xiao Yang, President of the Supreme People's Court of the People's Republic of China

Question: As you know. attention is now growing in China and outside to judicial protection of human rights. As President of the Supreme People’s Court and China’s top judge, would you make some comments on protection of human rights under China’s juridical system?

People's Assessor Systems Pivotal to Protection of Human Rights

Back in August 2004, the Standing Committee of the National People＇s Congress, the highest legislature of China, published the Decision on Improving the People＇s Assessor System （hereinafter referred to as the Decision）. Since it became effective on May 1, 2005, the Decision has proved important to ensuring the right of citizens to participate in activities of adjudication in accordance with the law. It has helped expand judicial democracy and safeguard the legitimate rights and interests of the litigant parties.

China Keen to Protect Women’s Rights, Interests——An interview with Zhao Shaohua, vice-chairwoman of the All-China Women’s Federation

EDITOR＇S NOTE： Slated for September 2008, the Tenth National Congress of the Chinese Women will review the achievements the country has made over the past five years in promoting women＇s rights and interests and formulate the targets for the protection endeavor over the next five years. The five years since the Ninth National Congress of the Chinese Women have witnessed a constant improvement in the status of the Chinese women and in their human rights conditions. Following is a transcript of an interview given our staff reporters by Zhao Shaohua, vice-chairperson of the All-China Women＇s Federation （ACWF） and member of the ACWF Secretariat, on how women＇s rights and interests are protected in China.

Civil Affairs Authorities Bent on Protecting People's Basic Rights

In response to the global financial crisis,China’s civil affairs au-thorities redoubled their effort in 2009 to improve the livelihood of the Chinese people and protect their basic rights and interests under the constitutional principle of respectingand protecting human rights.

For a Legal Guarantee to Improve People’s Livelihood and Protect Human Rights——Thoughts on policy concerning Social Insurance Law (draft)

The People＇s Republic of China Social Insurance Law （draft） has undergone three readings at the Standing Committee of the National People＇s Congress. The Law, once promulgated, will be of great significance to implementation of the constitutional principle of ＂respecting and protecting human rights.＂ It will help regulate the various social insurance relationships and the rights and obligations of the parties involved.

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.

Broad-based Network for Protecting the Rights and Interests of Women and Children——A story about the Women's Federation of Qinhuangdao City

The room is in utter chaos, with chairs piling up in a comer and the cable TV not connected to the power source. But one thing is put in place： a slogan on the wall ＂Creating an outstanding WFQ team for the benefit of all women and children.＂

Human Rights Implications of the Civil Code of the People's Republic of China

Putting the people first in human rights protection is the most distinctive feature of the outlook on human rights in contemporary China. The codification of the Civil Code of the People’s Republic of China reflects the people’s legislation for themselves, which is guided by the principle of putting the people first in its external system and internal values. Functionally, the Civil Code of the People’s Republic of China reflects the obligation of the country to protect human rights, constructs the framework relationship between the country and individual people, and perfects the mechanism for human rights protection. The continuous expansion of the types, contents, and functions of civil rights in the Civil Code of the People’s Republic of China is required by the broad scope of human rights, with an aim to realize a happy life for the people, the most important human rights, and protect people’s personal rights, property rights, and right to dignity through specific rules. The universal sharing of human rights requires the universality of the subjects of civil rights. The equal sharing of human rights requires the equality of forms of civil rights protection. Meanwhile, it further requires the substantive equality of civil rights protection. Attention is paid to protecting the rights and interests of specific groups in external and embedded ways.

How China Protects People's Right to Labor——An interview with Labor and Social Security Minister Tian Chengping

Following is an interview given to our staff reporter by Chinese Minister Tian Chengping of Labor and Social Security on protection of the people＇s right to labor, which is an important part of the national endeavor to protect human rights. The minister spoke on a range of questions, including employment and reemployment of workers in Chinese cities, wages of migrant workers from the countryside, efforts to narrow the gap of income between different population groups, and protection of the legitimate rights and interests of the working masses.

Law of the People's Republic of China on the Protection of Rights and Interests of Women

ContentsChapter Ⅰ General ProvisionsChapter Ⅱ Political RightsChaptet Ⅲ Rights and Interests Relating to Culture and EducationChapter Ⅳ Rights and Interests Relating to WorkChapter Ⅴ Rights and Interests Relating to PropertyChapter Ⅵ Rights Relating to the PersonChapter Ⅶ Rights and Interests Relating to Marriage and FamilyChapter Ⅷ Legal ResponsibilityChaptet Ⅸ Supplementary

A Judicial Empirical Study on the Principle of “the Best Interests of the Child”——From the Principles of National Conventions to the Building of Adjudication Norms

“The best interests of the child”is an essential principle of the Convention on the Rights of the Child.Due to the abstractness and ambiguity of this principle,its application is inevitably subject to the judge’s personality.Through empirical analysis,we can find that the judicial documents invoking the principle of“the best interests of the child”by Chinese courts show a significant increase in the number of disputes,types of disputes,and pronounced regional characteristics.The application of this principle by the courts is highly consistent with the judicial interpretative documents issued by the Supreme People’s Court.The invocation of this principle plays the role of interpreting the provisions of the law,the value basis for discretion,and the value orientation for shaping new rules in adjudication.At the same time,it is plagued by a lack of guidelines for the application of principles,invocations that serve the will of judges,and imperfect thinking in weighing the various factors involved.The application of this principle should be improved by setting normative standards for the principle of“the best interests of the child”,increasing case guidance for invoking the principle,and enhancing the professionalism of judges.

高校“非升即走”制度下教师权益保障困境及破解路径

随着“非升即走”成为我国高等学校教师聘任的主流制度,高校教师的权益保障问题在人事制度改革和相关立法中的重要性和紧迫性日益凸显。结合理论研究和司法实践来看,我国高校教师面临的权益保障困境主要表现为“学术青椒”的尴尬:在“非升即走”聘用合同签订前,高校教师的法律身份模糊;在签订合同时,高校教师的主体性尤其是平等参与权缺失;在履行合同中,高校教师权利救济渠道不畅。这些问题的主要原因在于“学术锦标赛”的异化:高校人事管理的相关法律内容模糊、高校办学自主权边界不清和“非升即走”制度的价值偏离。破解“非升即走”制度下高校教师权益保障的现实困境的关键在于学术生态的优化:国家层面应明确“非升即走”聘用合同是“具有行政要素的劳动合同”的法律属性,重构高校教师“兼具公权与私权性质的特殊劳动者”的法律身份,完善高校教师聘任的相关法律体系;高校层面应重塑“非升即走”的制度价值,充分发挥制度的激励和促进作用,完善“非升即走”制度内容及配套措施,健全教师权益保障机制。

我国非物质文化遗产传承人法律保护制度运行检视与本土化构建

非物质文化遗产传承人保护是中华优秀传统文化传承保护的关键举措之一。在实践中,部分非物质文化遗产传承“无人”,并呈现传承人的断层危机、传承人欠缺自主品牌的保护意识、传承人对非物质文化遗产二次创造的能力较弱和特色保护机制缺失等现象,亟须予以解决。现行代表性传承人认定制度欠缺理性构建、传承人难以获得知识产权保护、传承人获得利益分享的空间受限和现行法对传承人的保护不完备等问题凸显出传承人保护法律制度的不足。结合我国非物质文化遗产传承人法律保护制度运行实践,可以通过厘清代表性传承人的认定标准、突破现行知识产权制度的保护范围、探索本土化的利益分享制度和完善传承人保护制度的本土化设计等举措,构建符合我国国情的非物质文化遗产传承人保护法律制度体系。

智力残疾人权益保障:现状、困境与法律对策

智力残疾人是存在认知能力和适应能力障碍的特殊群体,其法律权益保障不容忽视。现阶段我国智力残疾人权益保障已基本形成规范体系,存在倡导性保障、默示性保障以及特定情境下的特殊保护三种规范类型,但在具体实施中仍面临不少挑战。其中,有三大问题较突出,即尚缺少针对智力残疾人特殊性的保障规范、残疾证办理困难以及特殊保护保障缺乏可操作性等问题。为此,宜以我国现行《行政处罚法》新增的有关智力残疾人免于以及从轻或者减轻行政处罚的条款为契机,加强智力残疾人权益特殊保护;优化执法程序、完善法律援助,为智力残疾人增添执法与司法中的人性化保障;提升智力残疾人服务体系与无障碍设施建设,为落实智力残疾人权益保障提供便利。

中国共产党人民文化权益观的百年演进及其逻辑理路

人民文化权益观是习近平文化思想的重要组成部分,它形成并发展于中国共产党领导人民文化事业建设的百年进程中,是马克思主义文化思想、中华优秀传统文化与中国特色社会主义文化实践相结合的产物,铸就了中国式现代化的精神砥柱。从历史来看,中国共产党人民文化权益观经历了“文化解放”的人民文化权益革命观、“文化新生”的人民文化权益建设观、“文化改革”的人民文化权益改革观和“文化自信”的人民文化权益强国观等四个发展阶段,展现了坚持以人民为中心的价值逻辑,坚持马克思主义文化思想及其中国化理论成果为指导的理论逻辑,坚持人民创造的实践逻辑和坚持文化传承与创新的发展逻辑。