In the new era,the Communist Party of China(CPC)has made historic achievements in respecting and protecting human rights.Building upon the principle of the“two integrations”(integrating the basic tenets of Marxism w...In the new era,the Communist Party of China(CPC)has made historic achievements in respecting and protecting human rights.Building upon the principle of the“two integrations”(integrating the basic tenets of Marxism with China’s specific realities and fine traditional culture),it has nurtured new theories on respecting and protecting human rights in the new era,which can address the fundamental questions of whom and what the human rights protection efforts in the new era are for.Guided by the principle of“taking our own path,”it has charted a distinct course for the development of human rights,diverging from the Western approach.The CPC has maintained the unity between Party leadership and the respect for and protection of human rights,promoting progress in human rights through the pursuit of“high-quality development,”and ensuring various fundamental rights of the people through the rule of law.Building upon the past experience,the CPC has established the“source”of the institutional framework for respecting and protecting human rights in the new era,crafted the“body”of this institutional framework,and introduced its practical“application.”In promoting the comprehensive advancement of human rights protection,the CPC has facilitated the connotative development of human rights protection in China,empowering China in international human rights discourse,and contributing Chinese strength and wisdom to global human rights governance.展开更多
On December 4,2023,the China Society for Human Rights Studies hosted a seminar in Beijing commemorating the 75^(th) Anniversary of the Universal Declaration of Human Rights.Participants discussed topics such as the si...On December 4,2023,the China Society for Human Rights Studies hosted a seminar in Beijing commemorating the 75^(th) Anniversary of the Universal Declaration of Human Rights.Participants discussed topics such as the significance of the Universal Declaration of Human Rights,China’s theories and practices in respecting and safeguarding human rights,the three global initiatives and global human rights governance,human rights protection in the digital age,and telling Chinese stories of human rights in the new era.The discussions led to a broad consensus and achieved positive results.展开更多
Xi Jinping’s discourses on respecting and protect-ing human rights stand as a shining example of the sinicization and modernization of Marxist human rights theory,embodying profound theoretical,political,practical,an...Xi Jinping’s discourses on respecting and protect-ing human rights stand as a shining example of the sinicization and modernization of Marxist human rights theory,embodying profound theoretical,political,practical,and cultural logic.Existing research has conducted comprehensive and systematic theoretical analysis and academic extractions on the following contents:the core essence in-herent in these important discourses,including the“theory of human rights concepts,”the“theory of human rights paths,”the“theory of human rights practices,”the“theory of human rights protection,”and the“theory of human rights governance,”along with their profound theoretical significance,practical significance,and global signifi-cance.In the future,researchers should emphasize efforts on studying the original texts and understanding the original principles.While focusing on the precision of concepts,the scientific nature of the prop-ositions,the maturity of theoretical systems,and the rigor of internal logic related to Xi Jinping’s discourses on respecting and protecting human rights,researchers should also pay attention to constructing a discourse system on human rights from the dimensions of discourse power,discourse cluster,and discourse field.Researchers should be adept at drawing innovative insights into human rights theory from China’s vibrant human rights practices and the vast masses of people.This approach will facilitate the systematic unfolding,academic trans-formation,and innovative development of Xi Jinping’s discourses on respecting and protecting human rights.展开更多
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
In the digital age,the rise of digital human rights has become an important expansion in the field of human rights.When advancing digital prosecution strategies,prosecutorial agencies should pay greater attention to t...In the digital age,the rise of digital human rights has become an important expansion in the field of human rights.When advancing digital prosecution strategies,prosecutorial agencies should pay greater attention to the protection of digital human rights.The fragile state of digital human rights and the unique position of prosecutorial agencies in human rights protection make it imperative that prosecutorial agencies place more emphasis on fulfilling their responsibilities in legal oversight to promote the protection of digital human rights.Currently,prosecutorial agencies have strengthened the protection of digital human rights through such measures as promoting legal oversight with big data,enhancing the handling of criminal cases involving citizens'digital human rights,expanding the scope of public interest litigation protecting digital human rights,and improving their roles in civil and administrative prosecution.However,there are still challenges related to the inadequacy of updating the mindset,the incompleteness of measures,and the lack of innovation in mechanisms and systems.Therefore,prosecutorial agencies should further align with the implementation of digital prosecution strategies,update their human rights protection concepts,intensify efforts to combat cybercrime,strengthen the protection of citizens'personal information through prosecution,enhance public interest protection of collective digital human rights through public interest litigation,and actively innovate prosecutorial work mechanisms and systems to bolster the protection of digital human rights.展开更多
The construction of a barrier-free environment contains a rich connotation of human rights protection,and is closely related to the study of human rights protection in China.With the evolution of the concept of barrie...The construction of a barrier-free environment contains a rich connotation of human rights protection,and is closely related to the study of human rights protection in China.With the evolution of the concept of barrier-free design and the expansion of its beneficiary groups,constructing a barrier-free environment has become a basic task that benefits all members of society and meets the public needs of all the people,with its core goal expanding from the protection of the rights of the disabled to the protection of the basic rights and interests of all members of society.Building a barrier-free environment from the perspective of the Marxist human rights concept is conducive to safeguarding the people’s right to subsistence and development,and at the same time,it satisfies their demand for the right to pursue a high-quality and better life and reflects the common vision of everyone in society fully enjoying human rights.promoting the construction of a barrier-free environment in terms of legal protection based on China’s institutional advantages can improve and innovate the country’s legislation on the construction of a barrier-free environment,so as to play an exemplary and guiding role in enhancing the international barrier-free level and enable all people to enjoy the good life created through the drive to build a barrier-free environment.展开更多
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 Uni...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.展开更多
The concept of common prosperity embodies the right of the people to a happy life,which is in line with General Secretary Xi Jinping’s proposition that“the people’s happiness is the greatest human right.”Its right...The concept of common prosperity embodies the right of the people to a happy life,which is in line with General Secretary Xi Jinping’s proposition that“the people’s happiness is the greatest human right.”Its rights structure has the attributes of collective rights,reflecting the people’s pursuit of material civilization,spiritual civilization,harmony,beauty,and other social values.The realization of these rights is based on individual diligent labor and also entails human rights responsibilities of the state and society.Since the Third Plenary Session of the 11th Central Committee,China has pursued the basic policy of reform and opening-up,dismantling institutional barriers that hindered the development of productivity and the full realization of rights.This has stimulated the initiative,enthusiasm,and creativity of the people in their endeavors and entrepreneurship,leading to a historic leap from standing up to becoming prosperous.The living standards of the people have greatly improved.In the new journey toward achieving the second centenary goal,China should follow the important discourse of General Secretary Xi Jinping on respecting and protecting human rights,take the path of socialist human rights with Chinese characteristics,and better meet the growing aspirations of the people for a better life in the pursuit of high-quality economic development.展开更多
The main function of basic rights is to defend against the state’s public power.the traditional theory of basic rights con-structs logic based on the dualistic framework of“state power and individual rights,”and de...The main function of basic rights is to defend against the state’s public power.the traditional theory of basic rights con-structs logic based on the dualistic framework of“state power and individual rights,”and deals with the dualistic horizontal relationship between“the state and individuals.”However,the increasing com-plexity of modern society has led to the emergence of different inter-ests and needs within society and the formation of new social powers,resulting in an unequal relationship between private subjects.In the digital era,this phenomenon has become particularly prominent,ev-idenced by the rise of data-based power and the frequent and serious intrusion of personal information by private subjects.In this context,the value of basic rights should radiate within society and function as a balancing force.taking the protection of personal information as an example,while innovating the idea of regulating society through basic rights,the state’s obligation to protect personal information should be further strengthened.Meanwhile,the direct effect of personal infor-mation rights,which are basic human rights,on the private subjects of data-based power should be established,so as to realize their function in balancing the interests of all parties in society.展开更多
As an important rectifying mechanism to the involved parties-oriented civil litigation model,the mandatory attorney system requires the involved parties of a lawsuit to appoint a lawyer to represent them in the litiga...As an important rectifying mechanism to the involved parties-oriented civil litigation model,the mandatory attorney system requires the involved parties of a lawsuit to appoint a lawyer to represent them in the litigation,otherwise they will be rejected because the litigation requirements aren’t met.This seems to restrict the litigants’right to initiate a lawsuit by themselves.Through the arrangement of the system for the participation of lawyers in some litigation procedures,stages,and cases,coupled with the legal principle of litigation costs,the litigation costs sharing mechanism,legal aid,and other related supporting systems,it is not only a substantive guarantee for the litigants’right of action,but also can even strengthen the protection of the litigants’right of action in civil litigation.Based on the need to effectively protect and strengthen the litigants’right of action,combined with its civil litigation system and judicial operation environment,China should adopt a phased and gradual strategy to introduce and implement the mandatory attorney system in civil litigation while constantly improving its lawyer system,litigation costs system,legal aid system,and other related supporting systems.展开更多
As an innovation in the environmental governance system that breaks the traditional hierarchical structure,environmental protection supervision has not only played a significant role in protecting tangible environment...As an innovation in the environmental governance system that breaks the traditional hierarchical structure,environmental protection supervision has not only played a significant role in protecting tangible environmental rights but also expanded the basic scope of the right to environmental information—part of procedural environmental rights.In the supervision of environmental protection,the objects of the right to environmental information and the subjects of the obligation to provide environmental information have been both expanded,with the focus shifting from government information to Party information and from administrative organs to Party organs.This vividly demonstrates the Communist Party of China’s concrete efforts to protect human rights in the field of the endeavor to build an ecological civilization.At present,the realization of the right to environmental information in environmental protection supervision still faces problems such as insufficient standards and norms,disordered practice and operation,and lack of liability guarantee.In this context,based on renewing relevant subjects’cognition of the right to know in environmental protection supervision,we should further improve and specify the rule for disclosing information about environmental protection supervision,rationally distribute the obligations for information disclosure in environmental protection supervision,and clarify the accountability rules for violating relevant requirements for information disclosure,so as to promote the overall development of the environmental protection supervision system while guaranteeing the realization of the right to environmental information.展开更多
The right of minors to express their opinions in family litigations refers to minors,who have a certain degree of mental capacity and assertiveness,having the right to express their opinions on the arrangements or dec...The right of minors to express their opinions in family litigations refers to minors,who have a certain degree of mental capacity and assertiveness,having the right to express their opinions on the arrangements or decisions related to themselves when the courts handle familial litigation cases involving their interests,and to request the courts hear their opinions.In essence,the right of minors to express their opinions in family litigations belongs to the basic procedural rights of minors as well as judicial beneficiary rights.As for the protection of the right of minors to express their opinions in family litigations,recognizing the status of minors as independent subjects of rights is the logical premise,the procedural guarantee for the rights of the substantive parties involved is the direct cause,and ensuring the best interests of children is the fundamental reason.In order to protect the right of minors to express their opinions in family litigations,China should standardize the mechanisms for judges to hear the opinions of minors directly,improve the mechanisms for family investigators,and establish mechanisms for representing the interests of minors.展开更多
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...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.展开更多
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 judic...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展开更多
On December 18, 1979, the 34th General Assembly of the United Nations adopted the Convention on the Elimination of All Forms of Discrimination against Women with an overwhelming majority of the votes in its favor. Ove...On December 18, 1979, the 34th General Assembly of the United Nations adopted the Convention on the Elimination of All Forms of Discrimination against Women with an overwhelming majority of the votes in its favor. Over the past 30 years, the Convention has come to be known by increasing numbers of governments and people, particularly women's organizations. It has played an increasingly great role in protecting women's rights and enhancing women's status in society.展开更多
Subjects in clinical trials, either patients with the target disease or healthy vohmteers, inevitably run a risk of injury or even death. To protect human subjects' rights to life and health, the Declaration of Helsi...Subjects in clinical trials, either patients with the target disease or healthy vohmteers, inevitably run a risk of injury or even death. To protect human subjects' rights to life and health, the Declaration of Helsinki has been developed as "a statement of ethical principles for medical research involving human subjects. Though widely regarded as a milestone in human research ethics, it is not a law or regulation, and is unable to effectively protect human subjects' rights. In this context, China beefs up its legal protection of clinical trial subjects.展开更多
The problem of Chinese peasant in society is a very important issue in the process of China' s legal system; the farmer is very worthy subject of rights concern. The author believes that China has the right to protec...The problem of Chinese peasant in society is a very important issue in the process of China' s legal system; the farmer is very worthy subject of rights concern. The author believes that China has the right to protect their farmers in three main ways: private relief, public relief and gray channels, which play a major role in the private relief for farmers. For these channels, they are a unique reason; the rule of law should be the vision and balance for them to choose their own presence in China.展开更多
基金a phased achievement of the National Social Science Foundation’s major bidding project “Research on the Theoretical System and Optimization Path of China’s Human Rights Development Path”(Project Approval Number 23ZDA067)
文摘In the new era,the Communist Party of China(CPC)has made historic achievements in respecting and protecting human rights.Building upon the principle of the“two integrations”(integrating the basic tenets of Marxism with China’s specific realities and fine traditional culture),it has nurtured new theories on respecting and protecting human rights in the new era,which can address the fundamental questions of whom and what the human rights protection efforts in the new era are for.Guided by the principle of“taking our own path,”it has charted a distinct course for the development of human rights,diverging from the Western approach.The CPC has maintained the unity between Party leadership and the respect for and protection of human rights,promoting progress in human rights through the pursuit of“high-quality development,”and ensuring various fundamental rights of the people through the rule of law.Building upon the past experience,the CPC has established the“source”of the institutional framework for respecting and protecting human rights in the new era,crafted the“body”of this institutional framework,and introduced its practical“application.”In promoting the comprehensive advancement of human rights protection,the CPC has facilitated the connotative development of human rights protection in China,empowering China in international human rights discourse,and contributing Chinese strength and wisdom to global human rights governance.
文摘On December 4,2023,the China Society for Human Rights Studies hosted a seminar in Beijing commemorating the 75^(th) Anniversary of the Universal Declaration of Human Rights.Participants discussed topics such as the significance of the Universal Declaration of Human Rights,China’s theories and practices in respecting and safeguarding human rights,the three global initiatives and global human rights governance,human rights protection in the digital age,and telling Chinese stories of human rights in the new era.The discussions led to a broad consensus and achieved positive results.
基金a phased achievement of the MOE’s key philosophy and social science research project“Research on General Secretary Xi Jinping’s Discourses on Respecting and Protecting Human Rights”(Project Approval Number 22JZD002)MOE Humanities and Social Sciences Key Research Base’s major project“Research on the Theoretical Structure and Legal Guarantee of Digital Human Rights Governance”(Project Approval Number 21JJD8200014)。
文摘Xi Jinping’s discourses on respecting and protect-ing human rights stand as a shining example of the sinicization and modernization of Marxist human rights theory,embodying profound theoretical,political,practical,and cultural logic.Existing research has conducted comprehensive and systematic theoretical analysis and academic extractions on the following contents:the core essence in-herent in these important discourses,including the“theory of human rights concepts,”the“theory of human rights paths,”the“theory of human rights practices,”the“theory of human rights protection,”and the“theory of human rights governance,”along with their profound theoretical significance,practical significance,and global signifi-cance.In the future,researchers should emphasize efforts on studying the original texts and understanding the original principles.While focusing on the precision of concepts,the scientific nature of the prop-ositions,the maturity of theoretical systems,and the rigor of internal logic related to Xi Jinping’s discourses on respecting and protecting human rights,researchers should also pay attention to constructing a discourse system on human rights from the dimensions of discourse power,discourse cluster,and discourse field.Researchers should be adept at drawing innovative insights into human rights theory from China’s vibrant human rights practices and the vast masses of people.This approach will facilitate the systematic unfolding,academic trans-formation,and innovative development of Xi Jinping’s discourses on respecting and protecting human rights.
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.
基金the result of China Law Society’s 2022 ministerial-level legal research project entitled“The Role of Prosecuting Bodies in the Judicial Protection of Human Rights”[Project No.CLS(2022)XZX35]。
文摘In the digital age,the rise of digital human rights has become an important expansion in the field of human rights.When advancing digital prosecution strategies,prosecutorial agencies should pay greater attention to the protection of digital human rights.The fragile state of digital human rights and the unique position of prosecutorial agencies in human rights protection make it imperative that prosecutorial agencies place more emphasis on fulfilling their responsibilities in legal oversight to promote the protection of digital human rights.Currently,prosecutorial agencies have strengthened the protection of digital human rights through such measures as promoting legal oversight with big data,enhancing the handling of criminal cases involving citizens'digital human rights,expanding the scope of public interest litigation protecting digital human rights,and improving their roles in civil and administrative prosecution.However,there are still challenges related to the inadequacy of updating the mindset,the incompleteness of measures,and the lack of innovation in mechanisms and systems.Therefore,prosecutorial agencies should further align with the implementation of digital prosecution strategies,update their human rights protection concepts,intensify efforts to combat cybercrime,strengthen the protection of citizens'personal information through prosecution,enhance public interest protection of collective digital human rights through public interest litigation,and actively innovate prosecutorial work mechanisms and systems to bolster the protection of digital human rights.
基金the National Social Science Fund major project“Study on the Construction of a Barrier-Free Environment”(Project Approval Number 22&ZD186).
文摘The construction of a barrier-free environment contains a rich connotation of human rights protection,and is closely related to the study of human rights protection in China.With the evolution of the concept of barrier-free design and the expansion of its beneficiary groups,constructing a barrier-free environment has become a basic task that benefits all members of society and meets the public needs of all the people,with its core goal expanding from the protection of the rights of the disabled to the protection of the basic rights and interests of all members of society.Building a barrier-free environment from the perspective of the Marxist human rights concept is conducive to safeguarding the people’s right to subsistence and development,and at the same time,it satisfies their demand for the right to pursue a high-quality and better life and reflects the common vision of everyone in society fully enjoying human rights.promoting the construction of a barrier-free environment in terms of legal protection based on China’s institutional advantages can improve and innovate the country’s legislation on the construction of a barrier-free environment,so as to play an exemplary and guiding role in enhancing the international barrier-free level and enable all people to enjoy the good life created through the drive to build a barrier-free environment.
文摘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.
文摘The concept of common prosperity embodies the right of the people to a happy life,which is in line with General Secretary Xi Jinping’s proposition that“the people’s happiness is the greatest human right.”Its rights structure has the attributes of collective rights,reflecting the people’s pursuit of material civilization,spiritual civilization,harmony,beauty,and other social values.The realization of these rights is based on individual diligent labor and also entails human rights responsibilities of the state and society.Since the Third Plenary Session of the 11th Central Committee,China has pursued the basic policy of reform and opening-up,dismantling institutional barriers that hindered the development of productivity and the full realization of rights.This has stimulated the initiative,enthusiasm,and creativity of the people in their endeavors and entrepreneurship,leading to a historic leap from standing up to becoming prosperous.The living standards of the people have greatly improved.In the new journey toward achieving the second centenary goal,China should follow the important discourse of General Secretary Xi Jinping on respecting and protecting human rights,take the path of socialist human rights with Chinese characteristics,and better meet the growing aspirations of the people for a better life in the pursuit of high-quality economic development.
基金the national major project of social sciences“Research on Chinese Characteristics and System Construction of the Constitution Implementation Guarantee Mechanism”(Project Approval No.20ZDA030)the Ministry of Education Humanities and Social Science Key Base major project“New Development of Human Rights and Basic Rights in the Context of a New Era of Smart Society”(Project Approval No.19JJD820011)。
文摘The main function of basic rights is to defend against the state’s public power.the traditional theory of basic rights con-structs logic based on the dualistic framework of“state power and individual rights,”and deals with the dualistic horizontal relationship between“the state and individuals.”However,the increasing com-plexity of modern society has led to the emergence of different inter-ests and needs within society and the formation of new social powers,resulting in an unequal relationship between private subjects.In the digital era,this phenomenon has become particularly prominent,ev-idenced by the rise of data-based power and the frequent and serious intrusion of personal information by private subjects.In this context,the value of basic rights should radiate within society and function as a balancing force.taking the protection of personal information as an example,while innovating the idea of regulating society through basic rights,the state’s obligation to protect personal information should be further strengthened.Meanwhile,the direct effect of personal infor-mation rights,which are basic human rights,on the private subjects of data-based power should be established,so as to realize their function in balancing the interests of all parties in society.
文摘As an important rectifying mechanism to the involved parties-oriented civil litigation model,the mandatory attorney system requires the involved parties of a lawsuit to appoint a lawyer to represent them in the litigation,otherwise they will be rejected because the litigation requirements aren’t met.This seems to restrict the litigants’right to initiate a lawsuit by themselves.Through the arrangement of the system for the participation of lawyers in some litigation procedures,stages,and cases,coupled with the legal principle of litigation costs,the litigation costs sharing mechanism,legal aid,and other related supporting systems,it is not only a substantive guarantee for the litigants’right of action,but also can even strengthen the protection of the litigants’right of action in civil litigation.Based on the need to effectively protect and strengthen the litigants’right of action,combined with its civil litigation system and judicial operation environment,China should adopt a phased and gradual strategy to introduce and implement the mandatory attorney system in civil litigation while constantly improving its lawyer system,litigation costs system,legal aid system,and other related supporting systems.
基金an initial progress of the“Research on Improving the Central Supervision System of Ecological and Environmental Protection”(Project No.21ZDA088)a National Social Science Foundation Major Project of the Research on the Interpretation of the Spirit of the Fifth Plenary Session of the 19th CPC Central Committee。
文摘As an innovation in the environmental governance system that breaks the traditional hierarchical structure,environmental protection supervision has not only played a significant role in protecting tangible environmental rights but also expanded the basic scope of the right to environmental information—part of procedural environmental rights.In the supervision of environmental protection,the objects of the right to environmental information and the subjects of the obligation to provide environmental information have been both expanded,with the focus shifting from government information to Party information and from administrative organs to Party organs.This vividly demonstrates the Communist Party of China’s concrete efforts to protect human rights in the field of the endeavor to build an ecological civilization.At present,the realization of the right to environmental information in environmental protection supervision still faces problems such as insufficient standards and norms,disordered practice and operation,and lack of liability guarantee.In this context,based on renewing relevant subjects’cognition of the right to know in environmental protection supervision,we should further improve and specify the rule for disclosing information about environmental protection supervision,rationally distribute the obligations for information disclosure in environmental protection supervision,and clarify the accountability rules for violating relevant requirements for information disclosure,so as to promote the overall development of the environmental protection supervision system while guaranteeing the realization of the right to environmental information.
基金the National Social Science Fund’s late-stage funded project“Research on the Realization of Family Justice”(Project Approval Number 22FFXB016)directed by the author.
文摘The right of minors to express their opinions in family litigations refers to minors,who have a certain degree of mental capacity and assertiveness,having the right to express their opinions on the arrangements or decisions related to themselves when the courts handle familial litigation cases involving their interests,and to request the courts hear their opinions.In essence,the right of minors to express their opinions in family litigations belongs to the basic procedural rights of minors as well as judicial beneficiary rights.As for the protection of the right of minors to express their opinions in family litigations,recognizing the status of minors as independent subjects of rights is the logical premise,the procedural guarantee for the rights of the substantive parties involved is the direct cause,and ensuring the best interests of children is the fundamental reason.In order to protect the right of minors to express their opinions in family litigations,China should standardize the mechanisms for judges to hear the opinions of minors directly,improve the mechanisms for family investigators,and establish mechanisms for representing the interests of minors.
文摘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.
文摘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
文摘On December 18, 1979, the 34th General Assembly of the United Nations adopted the Convention on the Elimination of All Forms of Discrimination against Women with an overwhelming majority of the votes in its favor. Over the past 30 years, the Convention has come to be known by increasing numbers of governments and people, particularly women's organizations. It has played an increasingly great role in protecting women's rights and enhancing women's status in society.
基金funded by the National Social Science Foundation of China (Grant No.14BFX161)
文摘Subjects in clinical trials, either patients with the target disease or healthy vohmteers, inevitably run a risk of injury or even death. To protect human subjects' rights to life and health, the Declaration of Helsinki has been developed as "a statement of ethical principles for medical research involving human subjects. Though widely regarded as a milestone in human research ethics, it is not a law or regulation, and is unable to effectively protect human subjects' rights. In this context, China beefs up its legal protection of clinical trial subjects.
文摘The problem of Chinese peasant in society is a very important issue in the process of China' s legal system; the farmer is very worthy subject of rights concern. The author believes that China has the right to protect their farmers in three main ways: private relief, public relief and gray channels, which play a major role in the private relief for farmers. For these channels, they are a unique reason; the rule of law should be the vision and balance for them to choose their own presence in China.