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
This paper analyzes neighborhood conflicts arising from the condominium property regime,under which social housing promoted by Mexican government institutions and private developers is acquired.This regime has facilit...This paper analyzes neighborhood conflicts arising from the condominium property regime,under which social housing promoted by Mexican government institutions and private developers is acquired.This regime has facilitated access to housing for the salaried population,but it is far from contributing to the attainment of the right to housing.The research takes as case studies housing complexes located in the city of Tijuana,Baja California,Mexico.The analysis included a mixed methodology.Firstly,similar case studies were analyzed;secondly,a review of the Condominium Property Regime Law was carried out in order to understand its implications.In view of the pandemic situation,a virtual survey was applied to the inhabitants of these areas,as well as interviews with presidents of neighborhood committees of these complexes.From the above,it was found that this form of ownership generates conflicts,reflected in the dissatisfaction of the inhabitants with their housing,disagreements and controversies in their organization and coexistence.The inhabitants have to collectively solve the problems they face,related to the maintenance and use of common areas,insecurity,and cleanliness,among others.In addition,there is a lack of support from local authorities.With this,it is concluded that although the inhabitants have a space that solves their housing problem,it does not manage to be a space that adequately guarantees their right to housing.展开更多
The global COVID-19 pandemic is changing the international order and transforming the lifestyle of the mankind pandemic prevention and control has posed new challenges to the traditional system of basic rights Conflic...The global COVID-19 pandemic is changing the international order and transforming the lifestyle of the mankind pandemic prevention and control has posed new challenges to the traditional system of basic rights Conflicts between the right to life and other rights, arising from the pandemic prevention and control measures adopted by governments, have triggered academic debates Governments have taken stringent pandemic prevention and control measures to protect the life, health and safety of the public, including restricting their personal freedom, freedom of religious belief as well as freedom in other spheres, with a view to safeguard the right to life In order to prioritize the right to life among the basic rights, its legitimacy basis should be researched on and a reasonable balance should be struck among the right to life, the right to dignity and other freedoms In the post-epidemic era, we should carry forward the human rights culture, optimize the system and mechanism that defend the value of the right to life, and endow the right to life with new connotation and mission.展开更多
In the fight against the COVID-19 pandemic, conflicts between the right to life and health and the rights to freedom, economy and equality are inevitable exploring conflicts of human rights and responding solutions wi...In the fight against the COVID-19 pandemic, conflicts between the right to life and health and the rights to freedom, economy and equality are inevitable exploring conflicts of human rights and responding solutions will directly influence the success of the battle against the coronavirus From the perspective of human rights’ subjects, the conflicts are between young and elder COVID-19 patients, COVID-19 and non-COVID-19 patients, citizens from epidemic center areas and non-epidemic areas In terms of the content of these rights, the conflict between the right to life and health and the right to econom ic freedom should be resolved based on four principles: priority, the limit of costs, baseline equality, and resto ration of justice on the value side, the relationship between social order and freedoms should be clarified in five aspects: life, market, security, news, and speech to build a good governance model that can stabilize the order of epidemic preven tion & control order and maintain social vitality.展开更多
<strong>Background: </strong>Despite increased recognition of the need for sexual and reproductive health and rights in humanitarian settings, evidence focusing on mainstreaming reproductive health service...<strong>Background: </strong>Despite increased recognition of the need for sexual and reproductive health and rights in humanitarian settings, evidence focusing on mainstreaming reproductive health services such as maternal, neonatal mortality, human immunodeficiency virus transmission and unsafe abortion still remains inadequate. The ability to understand the magnitude of the needs and highlight existing gaps is supported by improved data which is critical to informing effective policies, programming and funding decisions. The purpose of this report is to present the results of a research prioritization exercise on sexual and reproductive health and rights services in humanitarian settings for the WHO Africa region for the next three years. <strong>Methods:</strong> We adapted the Child Health and Nutrition Research Initiative method in three phases. Experts from the region participated in an online survey to identify key areas for research in sexual and reproductive health and rights. To identify potential areas for research, the experts ensured answerability, effectiveness, deliverability, equity and potential impact of the questions. The research areas they identified were reviewed by World Health Organization technical team from headquarters. In a meeting of 67 participants, the questions were subjected to further review and analysis. Using a modified for scoring criteria, the questions were scored and ranked to provide the top ten priority questions to address sexual and reproductive health and rights services in humanitarian settings. <strong>Results: </strong>A list of 21 priority research questions on sexual and reproductive health and rights services in humanitarian settings were scored and ranked. Top ten priorities research questions were identified. Those that scored highly by scoring 30 points out of the possible maximum of 30 include: “determining the prevalence and associated factors of unwanted pregnancies and abortions performed in emergency and humanitarian settings”, “evidence on gender-based violence in humanitarian situations and its associated factors” and “defining an optimal model for coordinating sexual and reproductive health and rights interventions and responses in crisis situations”.<strong> Conclusions:</strong> Top ten research priorities in sexual and reproductive health and rights services in humanitarian settings were identified. The priority research areas have the potential to identify the best areas for programming of services in humanitarian settings. It is our hope that the identified research areas will be prioritized to support programming of services in humanitarian settings based on scientific evidence.展开更多
In the development and operation of real estate, real estate development enterprises as the principal subject would often establish contractual relationships with subjects of diverse interests including removed househ...In the development and operation of real estate, real estate development enterprises as the principal subject would often establish contractual relationships with subjects of diverse interests including removed households, banks, construction project contractors, and buyers. At times, conflicts of interests might occur among these contractual subjects requesting civil and commercial claims of the same subject matter based on agreements or legal rights. As for the causes of these conflicts and their solutions, a majority of existing researches still stay at the superficial causes from the perspective of civil and commercial law, and the solution of determining the order of priority of compensation of related rights. Due to the lack of research into deep-seated reasons and solutions from the perspective of economic law, the current legislative and judicial approaches to this kind of problems tend to give more protection to the rights of one subject while lack sufficient attention to other subjects. This paper attempts to carry out analyses and research on the causes and solutions to this kind of conflicts from the perspective of economic law, to achieve integrated protection of diverse interests in real estate development and operation so as to better safeguard the order in real estate development and operation and facilitate the healthy and ordered development of the real estate industry.展开更多
The principle of marxist theory on the dialectical relationship between the economic base and superstructure is an important theoretical basis for recognizing the mutual relationship between social rights protection a...The principle of marxist theory on the dialectical relationship between the economic base and superstructure is an important theoretical basis for recognizing the mutual relationship between social rights protection and economic development China and the West have different practical experience in handling their relations But a proper handling of their relations is conducive to promoting the development of human rights It is one-sided to either emphasize too much on social rights protection or to excessively pursue economic development The in-depth interaction between social rights protection and economic development is that they promote and restrict each other It is the right choice for human rights development with Chinese characteristics in the new era to promote social rights protection and economic development in a coordinated manner We should not only lay a solid material foundation for social rights protection with the high quality and efficiency of economic development, but also take social rights protection as the ultimate goal and strategic means to provide sufficient driving force for economic development And social rights protection and economic development should be synchronized.展开更多
基于从Web of Science等大规模文献数据库穷尽检索得到的131篇语言冲突研究文献,梳理了国际上对语言冲突的研究概况,包括语言冲突的定义、分类、诱因,语言冲突与语言竞争的区别,以及主要研究方法。纵观现有的国际语言冲突研究,国外学者...基于从Web of Science等大规模文献数据库穷尽检索得到的131篇语言冲突研究文献,梳理了国际上对语言冲突的研究概况,包括语言冲突的定义、分类、诱因,语言冲突与语言竞争的区别,以及主要研究方法。纵观现有的国际语言冲突研究,国外学者应用较多的理论框架有4个:语言接触理论、语言安全理论、语言认同理论和语言权利理论。现有研究存在一些缺憾:第一,实证研究居多,缺乏整体意义的理论建构,难以形成有影响力的学派;第二,碎片化的个案研究多,综合性研究少,特别缺乏横向的国别比较研究和纵向的历史比较研究;第三,描述性研究居多,对策性研究缺失。展望未来,应进一步拓宽研究领域,将国际组织层面的语言冲突纳入研究范围;在关注语言权利的同时,重视语言伦理的德治社会效应;优化语言冲突的应对方略,建立预防和治理语言冲突的长久机制。展开更多
为科学评价信号交叉口右转渠化岛设置给非机动车过街带来的交通安全风险,实地采集了南昌市5个信号交叉口的视频,并提取了各交叉口右转渠化岛区域机非冲突数据、交叉口几何设计特征、交叉口渠化方式以及交通流特性等数据;采用改进型距离...为科学评价信号交叉口右转渠化岛设置给非机动车过街带来的交通安全风险,实地采集了南昌市5个信号交叉口的视频,并提取了各交叉口右转渠化岛区域机非冲突数据、交叉口几何设计特征、交叉口渠化方式以及交通流特性等数据;采用改进型距离碰撞时间(time to collision,TTC)对交通冲突进行判定,共得到304起冲突事件;基于贝叶斯方法构建了考虑不同交叉口间异质性的随机效应冲突模型,对比了固定效应与随机效应负二项模型的拟合优度并分析了显著影响因素;基于随机效应模型,确定了期望机非冲突数计算公式,绘制了不同交通流情况下信号交叉口渠化岛设置标准曲线并提供了案例说明。研究表明:相比于固定效应模型,随机效应模型对机非冲突有更好的拟合效果;相比于无渠化岛交叉口,软渠化岛和硬渠化岛的设置会导致交通冲突分别增加38%和61.4%;右转机动车交通量、过街非机动车交通量和非机动车违法行驶数量每增加1%,将导致机非冲突分别增加0.85%、0.44%和0.18%;右转机动车平均速度每增加1%,将导致机非冲突减少2.5%。研究成果为定量化分析交通冲突影响要素提供了有效思路,可为右转渠化岛交通设计提供理论支撑。展开更多
基金the National Social Science Fund Major Project“Research on the Construction of Systems Applicable Outside the Chinese Jurisdiction in the Perspec-tive of Private International Law”(Project Approval Number 20&ZD202)the National Social Science Fund Key Project“Empirical Research on Judges’Discretion in Foreign-related Civil Trials in China”(Project Approval Number 19AFX026).
文摘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.
文摘This paper analyzes neighborhood conflicts arising from the condominium property regime,under which social housing promoted by Mexican government institutions and private developers is acquired.This regime has facilitated access to housing for the salaried population,but it is far from contributing to the attainment of the right to housing.The research takes as case studies housing complexes located in the city of Tijuana,Baja California,Mexico.The analysis included a mixed methodology.Firstly,similar case studies were analyzed;secondly,a review of the Condominium Property Regime Law was carried out in order to understand its implications.In view of the pandemic situation,a virtual survey was applied to the inhabitants of these areas,as well as interviews with presidents of neighborhood committees of these complexes.From the above,it was found that this form of ownership generates conflicts,reflected in the dissatisfaction of the inhabitants with their housing,disagreements and controversies in their organization and coexistence.The inhabitants have to collectively solve the problems they face,related to the maintenance and use of common areas,insecurity,and cleanliness,among others.In addition,there is a lack of support from local authorities.With this,it is concluded that although the inhabitants have a space that solves their housing problem,it does not manage to be a space that adequately guarantees their right to housing.
文摘The global COVID-19 pandemic is changing the international order and transforming the lifestyle of the mankind pandemic prevention and control has posed new challenges to the traditional system of basic rights Conflicts between the right to life and other rights, arising from the pandemic prevention and control measures adopted by governments, have triggered academic debates Governments have taken stringent pandemic prevention and control measures to protect the life, health and safety of the public, including restricting their personal freedom, freedom of religious belief as well as freedom in other spheres, with a view to safeguard the right to life In order to prioritize the right to life among the basic rights, its legitimacy basis should be researched on and a reasonable balance should be struck among the right to life, the right to dignity and other freedoms In the post-epidemic era, we should carry forward the human rights culture, optimize the system and mechanism that defend the value of the right to life, and endow the right to life with new connotation and mission.
基金the phased results of the“Research on the Perfection of Socialist Core Values and Educational Legal System”,a key research project of the National Social Science Fund of China(Project No.19VHJ010)
文摘In the fight against the COVID-19 pandemic, conflicts between the right to life and health and the rights to freedom, economy and equality are inevitable exploring conflicts of human rights and responding solutions will directly influence the success of the battle against the coronavirus From the perspective of human rights’ subjects, the conflicts are between young and elder COVID-19 patients, COVID-19 and non-COVID-19 patients, citizens from epidemic center areas and non-epidemic areas In terms of the content of these rights, the conflict between the right to life and health and the right to econom ic freedom should be resolved based on four principles: priority, the limit of costs, baseline equality, and resto ration of justice on the value side, the relationship between social order and freedoms should be clarified in five aspects: life, market, security, news, and speech to build a good governance model that can stabilize the order of epidemic preven tion & control order and maintain social vitality.
文摘<strong>Background: </strong>Despite increased recognition of the need for sexual and reproductive health and rights in humanitarian settings, evidence focusing on mainstreaming reproductive health services such as maternal, neonatal mortality, human immunodeficiency virus transmission and unsafe abortion still remains inadequate. The ability to understand the magnitude of the needs and highlight existing gaps is supported by improved data which is critical to informing effective policies, programming and funding decisions. The purpose of this report is to present the results of a research prioritization exercise on sexual and reproductive health and rights services in humanitarian settings for the WHO Africa region for the next three years. <strong>Methods:</strong> We adapted the Child Health and Nutrition Research Initiative method in three phases. Experts from the region participated in an online survey to identify key areas for research in sexual and reproductive health and rights. To identify potential areas for research, the experts ensured answerability, effectiveness, deliverability, equity and potential impact of the questions. The research areas they identified were reviewed by World Health Organization technical team from headquarters. In a meeting of 67 participants, the questions were subjected to further review and analysis. Using a modified for scoring criteria, the questions were scored and ranked to provide the top ten priority questions to address sexual and reproductive health and rights services in humanitarian settings. <strong>Results: </strong>A list of 21 priority research questions on sexual and reproductive health and rights services in humanitarian settings were scored and ranked. Top ten priorities research questions were identified. Those that scored highly by scoring 30 points out of the possible maximum of 30 include: “determining the prevalence and associated factors of unwanted pregnancies and abortions performed in emergency and humanitarian settings”, “evidence on gender-based violence in humanitarian situations and its associated factors” and “defining an optimal model for coordinating sexual and reproductive health and rights interventions and responses in crisis situations”.<strong> Conclusions:</strong> Top ten research priorities in sexual and reproductive health and rights services in humanitarian settings were identified. The priority research areas have the potential to identify the best areas for programming of services in humanitarian settings. It is our hope that the identified research areas will be prioritized to support programming of services in humanitarian settings based on scientific evidence.
文摘In the development and operation of real estate, real estate development enterprises as the principal subject would often establish contractual relationships with subjects of diverse interests including removed households, banks, construction project contractors, and buyers. At times, conflicts of interests might occur among these contractual subjects requesting civil and commercial claims of the same subject matter based on agreements or legal rights. As for the causes of these conflicts and their solutions, a majority of existing researches still stay at the superficial causes from the perspective of civil and commercial law, and the solution of determining the order of priority of compensation of related rights. Due to the lack of research into deep-seated reasons and solutions from the perspective of economic law, the current legislative and judicial approaches to this kind of problems tend to give more protection to the rights of one subject while lack sufficient attention to other subjects. This paper attempts to carry out analyses and research on the causes and solutions to this kind of conflicts from the perspective of economic law, to achieve integrated protection of diverse interests in real estate development and operation so as to better safeguard the order in real estate development and operation and facilitate the healthy and ordered development of the real estate industry.
基金the phased research result of the Ministry of Education’s humanities and social sciences planning fund project“The Right to Equitable and Quality Education in the New Era:Research on National Obligation for Balanced and Full Development of Education”(Project No.:19YJA820012)
文摘The principle of marxist theory on the dialectical relationship between the economic base and superstructure is an important theoretical basis for recognizing the mutual relationship between social rights protection and economic development China and the West have different practical experience in handling their relations But a proper handling of their relations is conducive to promoting the development of human rights It is one-sided to either emphasize too much on social rights protection or to excessively pursue economic development The in-depth interaction between social rights protection and economic development is that they promote and restrict each other It is the right choice for human rights development with Chinese characteristics in the new era to promote social rights protection and economic development in a coordinated manner We should not only lay a solid material foundation for social rights protection with the high quality and efficiency of economic development, but also take social rights protection as the ultimate goal and strategic means to provide sufficient driving force for economic development And social rights protection and economic development should be synchronized.
文摘基于从Web of Science等大规模文献数据库穷尽检索得到的131篇语言冲突研究文献,梳理了国际上对语言冲突的研究概况,包括语言冲突的定义、分类、诱因,语言冲突与语言竞争的区别,以及主要研究方法。纵观现有的国际语言冲突研究,国外学者应用较多的理论框架有4个:语言接触理论、语言安全理论、语言认同理论和语言权利理论。现有研究存在一些缺憾:第一,实证研究居多,缺乏整体意义的理论建构,难以形成有影响力的学派;第二,碎片化的个案研究多,综合性研究少,特别缺乏横向的国别比较研究和纵向的历史比较研究;第三,描述性研究居多,对策性研究缺失。展望未来,应进一步拓宽研究领域,将国际组织层面的语言冲突纳入研究范围;在关注语言权利的同时,重视语言伦理的德治社会效应;优化语言冲突的应对方略,建立预防和治理语言冲突的长久机制。
文摘为科学评价信号交叉口右转渠化岛设置给非机动车过街带来的交通安全风险,实地采集了南昌市5个信号交叉口的视频,并提取了各交叉口右转渠化岛区域机非冲突数据、交叉口几何设计特征、交叉口渠化方式以及交通流特性等数据;采用改进型距离碰撞时间(time to collision,TTC)对交通冲突进行判定,共得到304起冲突事件;基于贝叶斯方法构建了考虑不同交叉口间异质性的随机效应冲突模型,对比了固定效应与随机效应负二项模型的拟合优度并分析了显著影响因素;基于随机效应模型,确定了期望机非冲突数计算公式,绘制了不同交通流情况下信号交叉口渠化岛设置标准曲线并提供了案例说明。研究表明:相比于固定效应模型,随机效应模型对机非冲突有更好的拟合效果;相比于无渠化岛交叉口,软渠化岛和硬渠化岛的设置会导致交通冲突分别增加38%和61.4%;右转机动车交通量、过街非机动车交通量和非机动车违法行驶数量每增加1%,将导致机非冲突分别增加0.85%、0.44%和0.18%;右转机动车平均速度每增加1%,将导致机非冲突减少2.5%。研究成果为定量化分析交通冲突影响要素提供了有效思路,可为右转渠化岛交通设计提供理论支撑。