The advent of the big data era has presented unprecedented challenges to remedies for personal information infringement in areas such as damage assessment,proof of causation,determination of illegality,fault assessmen...The advent of the big data era has presented unprecedented challenges to remedies for personal information infringement in areas such as damage assessment,proof of causation,determination of illegality,fault assessment,and liability.Traditional tort law is unable to provide a robust response for these challenges,which severely hinders human rights protection in the digital society.The dynamic system theory represents a third path between fixed constitutive elements and general clauses.It both overcomes the rigidity of the“allor-nothing”legal effect evaluation mechanism of the“element-effect”model and avoids the uncertainty of the general clause model.It can effectively enhance the flexibility of the legal system in responding to social changes.In light of this,it is necessary to construct a dynamic foundational evaluation framework for personal information infringement under the guidance of the dynamic system theory.By relying on the dynamic interplay effect of various foundational evaluation elements,this framework can achieve a flexible evaluation of the constitutive elements of liability and the legal effects of liability for personal information infringement.Through this approach,the crisis of personal information infringement in the era of big data can be mitigated,and the realization of personal information rights as digital human rights can be promoted.展开更多
Protecting personal credit information through constitutional rights is not only essemtial for individuals to defend against infringements on their personal credit information rights and interests by public power in t...Protecting personal credit information through constitutional rights is not only essemtial for individuals to defend against infringements on their personal credit information rights and interests by public power in the social credit system,but also a requirement for unified legislation on social credit to explore the basis for constitutional norms.In the era of the credit economy,personal credit information has become a vital resource for realizing personal autonomy.Along with the increase in the state’s supervision and control of personal credit,the realization of the autonomous value in the interests related to personal credit information has also set more obligations for the state.Therefore,interests related to personal credit information should be regarded as a constitutional right.Because of its significant economic interest and value,the right to personal credit information should be classified as a constitutional property right.As a constitutional property right,the right to personal credit information can not only help protect people’s economic interests,but also achieve the goal of safeguarding their personality interests.展开更多
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
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
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
At the legislative level in China,there has been insufficient theoretical preparation to explicitly include“sexual autonomy”within the scope of general personality rights.In handling the increasing number of dispute...At the legislative level in China,there has been insufficient theoretical preparation to explicitly include“sexual autonomy”within the scope of general personality rights.In handling the increasing number of disputes related to violations of“sexual autonomy,”judicial biases have emerged during the trial process when courts determine the attribute of the right to“sexual autonomy.”This situation necessitates a clear legal analysis of the concept and attributes of“sexual autonomy”to establish its essential attribute as a personality right,and,from the perspective of legal doctrine,enable the justification of the right to“sexual autonomy”as either a general personality right or other personality interests,thereby providing theoretical support for courts to“adjudicate according to law.”By delineating and categorizing instances of violations of“sexual autonomy,”the constitutive elements and fundamental characteristics of such violations can be clarified.By examining the legal norms governing civil litigation and civil litigation associated with criminal cases concerning violations of“sexual autonomy,”the responsibility determination,remedies,and existing regulatory loopholes regarding violations of“sexual autonomy,”especially in cases involving both criminal and civil matters,can be defined.Based on this foundation,the legal basis,determination mechanism,and compensation standards for claiming compensation for mental damages resulting from violations of“sexual autonomy”can be elucidated.展开更多
Whether a new generation of human rights emerges in the digital age has sparked widespread debate.Academic understanding of digital technology remains confined to thinking about network technology and products,often o...Whether a new generation of human rights emerges in the digital age has sparked widespread debate.Academic understanding of digital technology remains confined to thinking about network technology and products,often overlooking the revolutionary nature of digital media.Digital media has the sweeping potential to unify all forms of media and reshape social life,giving rise to new demands for a new generation of human rights.The concept of digital human rights can be defined as the legitimate rights of human's infinitely extended personalities through digital media.Its core characteristic is its transcendency,where every person lives in a networked space that surpasses physical boundaries,nations,and individual personalities.Human rights are generally considered the foundation for basic constitutional rights,which,in turn,form the basis for legislative acts across various sectors.In recent years,China has enacted numerous laws in the digital domain to keep pace with the times,but due to the lack of guidance on digital human rights,these laws tend to be fragmented and disjointed.It is urgent to unify digital legislation at all levels on the basis of reshaping basic constitutional rights.Thus,it is essential to reshape the basic rights based on the concept and characteristics of digital human rights and streamline legislation at all levels under the unified guidance of basic rights.This can help establish a comprehensive digital human rights protection system that meets the demands of the modern era.展开更多
Accessibility is the basis and prerequisite for persons with disabilities to enjoy and exercise all human rights and fundamental freedoms With the rapid development of the internet, providing and promoting informatio...Accessibility is the basis and prerequisite for persons with disabilities to enjoy and exercise all human rights and fundamental freedoms With the rapid development of the internet, providing and promoting information accessibility is considered an important obligation for the State In the process of transforming international human rights law into domestic law, how to deal with the human rights protection of persons with disabilities and the obligations of the private sector to ensure persons with disabilities receive services and products that meet the requirements and principles of information accessibility has become a development issue in the new era Against the backdrop of the Convention on the Rights of Persons with Disabilities and in the context of the booming development of the cause of persons with disabilities in China, legal scholars, persons with disabilities, and organizations have jointly proposed the Beijing Initiative on the Principles of Information Accessibility for Science and Technology Products It clarifies that the private sector should embrace the human rights model advocated by the Convention in terms of information accessibility, and provide equal participation for persons with disabilities in the process of designing, producing and selling scientific and technological products The Initiative also states that the private sector should keep pace with the United Nation’s sustainable development goals and the basic national policy of building a well-to-do society in an all round way, ensuring persons with disabilities are included within a moderately well-off society It also provides civil opinions on the formulation and clarification of relevant laws in the future.展开更多
This essay focuses on expanding the traditional theory of personality right and referring to the outside legislative cases in order to promote environmental information disclosure,the purpose,therefore is to realize t...This essay focuses on expanding the traditional theory of personality right and referring to the outside legislative cases in order to promote environmental information disclosure,the purpose,therefore is to realize the ecological personality right.展开更多
Since its establishment,the United nations open-ended Working group on aging has shouldered the historical mission of exploring the“possibilities”and even laying the“foundation”for a Convention on the Rights of ol...Since its establishment,the United nations open-ended Working group on aging has shouldered the historical mission of exploring the“possibilities”and even laying the“foundation”for a Convention on the Rights of older Persons.Although the formulation of a convention on the protection of the rights of older persons has been widely supported by the general public and many countries,it still faces many problems.China should adhere to the combination of“human rights”and“development”and adjust its policies to adapt to the new changes in related fields.With successful case studies,concise expression of rights,and regional contracting practice,China could participate more fully in the reform of the international mechanism for the protection of the rights of older persons to improve the voice in future international human rights governance and make greater contributions to the protection of the rights of older persons worldwide.展开更多
The concept of a Community with a Shared Future for Mankind provides new theoretical support for the special protection of the rights of persons with disabilities. The Convention on the Rights of Persons with Disabili...The concept of a Community with a Shared Future for Mankind provides new theoretical support for the special protection of the rights of persons with disabilities. The Convention on the Rights of Persons with Disabilities is innovative in terms of its purposes and principles, logic and technology, and the actual implementation of the contracting parties, which is unique in the field of international human rights law. It is a "transcendental" interpretation of the concept of a community with a shared future for mankind and enhances the ethical values of international human rights law. The development of the cause of persons with disabilities in China is positively influenced by the values reflected in the concept of a community of shared Future for mankind and meanwhile highlights them, which provides "Chinese experiences" for the international cause of persons with disabilities.展开更多
The right to the protection of personal data is an important human right in the era of big data and a constitutional right based on the national protection obligation and the theory of human dignity,making it of speci...The right to the protection of personal data is an important human right in the era of big data and a constitutional right based on the national protection obligation and the theory of human dignity,making it of special significance for the realization of citizenship in a digital society.It can be seen from an examination of the constitutional texts of various countries in the world that the right to the protection of personal data as a constitutional right has rich normative connotations,and the key legal link to realize this right lies in the national legislature actively fulfilling its obligation to shape and specify the protection of personal data in accordance with the entrustment of the constitutional norms.Given the constitutional principles of fundamental rights protection,i.e.,realizing the constitutional status of the right to the protection of personal data as a basic right by means of institutional guarantees,the legislature should first adhere to the constitutionality principle of data protection legislation.Second,a multi-level data protection legal system centered on the right to the protection of personal data should be established.Finally,the institutional guarantee mechanism for the protection of personal data should be continuously improved through constitutional interpretation.展开更多
In property transactions,there are many reasons for the debt agreement and the property registration that cause some timeinterval,which can easily lead to acts of infringing upon the interests of creditors,for example...In property transactions,there are many reasons for the debt agreement and the property registration that cause some timeinterval,which can easily lead to acts of infringing upon the interests of creditors,for example, a thing sold to different people at the sametime.Because in a number of transactions,the effectiveness of each contract is independent of each other, and this can lead to the occurrenceof credit,and each claim has the function of mutual tolerance and equality.Then set up multiple claims on the same item,the ownership of theproperty is difficult to determine because there is no priority.In order to ensure the realization of coming property rights,it is particularly importantto apply for preliminary registration to the registration authority.展开更多
This article discusses the role of the Church in promoting human rights in Nigeria. This is anchored on the fact that the Church must live according to what it proclaims to the world especially against an avalanche of...This article discusses the role of the Church in promoting human rights in Nigeria. This is anchored on the fact that the Church must live according to what it proclaims to the world especially against an avalanche of serious abuse of human rights in Nigeria. Cases abound how innocent citizens die in the hands of terrorist groups or communal clashes. This implies that it must live by the standards of the Gospel of Christ, striving vigorously to make the Christian values of love, honesty, truth, forgiveness, justice, self-sacrifice, solidarity and compassion guide the dealings with members with others in their private and public lives. It must be a Church that upholds the dignity and rights of human person and denounces what is essentially inhuman. Using descriptive and analytical methods, the paper underscores that the Church especially the canonists must courageously fight against forces of evil and iniquity engaging all stakeholders to a continuous dialogue that enhances mutual understanding and cooperation. In this way, all stakeholders will respect and uphold the sanctify of human rights in Nigeria and beyond.展开更多
Establishing and protecting the right to development of disabled persons is not only the important part of Xi Jinping’s thought on human rights, but also a reflection of Marxism’s idea of human rights and a requirem...Establishing and protecting the right to development of disabled persons is not only the important part of Xi Jinping’s thought on human rights, but also a reflection of Marxism’s idea of human rights and a requirement of the rule of law in China. It is necessary to promote the protection of the right to development of disabled persons in terms of affirmative action. The Chinese government’s affirmative action requires structural characteristics, including providing the institutional basis for the affirmative action by constructing legal and non-legal institutions, providing an environment conducive for the affirmative action by shaping a more aware social ecology and providing valid guarantees for affirmative action by increasing the responsibility of local governments.展开更多
The UN Convention on the Rights of Persons with Disabilities effective in 2008 explicitly stipulates that Member States shall guarantee that people with disabilities enjoy the right to education free from discriminati...The UN Convention on the Rights of Persons with Disabilities effective in 2008 explicitly stipulates that Member States shall guarantee that people with disabilities enjoy the right to education free from discrimination and without prejudice to equal opportunities.The Chinese government made amendments to the Law of the People s Republic of China on the Protection of Persons with disabilities and the Regulation on the Education of the Persons with Disabilities and issued a series of rules on the Education of the Persons with Disabilities so as to actively implement the Convention. In recent years,the number and proportion of children with disabilities who receive education in China and the number of students with disabilities receiving high school and higher education have been on the rise annually.However, there is still a gap in the level of education on all stages between persons with disabilities and persons without, presenting a huge challenge for the achievement of the right to education of persons with disabilities. We should continue to actively fulfill the obligations prescribed by the Convention to protect the right to education, explore the construction of integrated education, support the maintenance system,strive to improve the quality of special education,allocate resources for the education of persons with disabilities, and emphasize the appraisal of the education of persons with disabilities.展开更多
The convention on the Rights of Persons with Disabilities came into force on May 3, 2008? Reviewing the social background of the drafting of the convention and reinterpreting its basic concepts and core provisions are...The convention on the Rights of Persons with Disabilities came into force on May 3, 2008? Reviewing the social background of the drafting of the convention and reinterpreting its basic concepts and core provisions are of positive significance for the more comprehensive implementation of the convention in china’s domestic law and the advancement of the rights protection of persons with disabilities in china? The preamble of the convention on the Rights of Persons with Disabilities clearly confirms the value and foundation of the rights of persons with disabilities and establishes the guiding ideology and basic principles for the protection of the rights of persons with disabilities? china has actively implemented the convention through legislative, administrative measures and other appropriate measures in accordance with the requirements of the convention? in recent years, it has actively promoted the judicial protection of persons with disabilities by strengthening legal aid for persons with disabilities and strengthening judicial responsibility for handling cases of persons with disabilities?展开更多
July 2019 Contents Preamble I.Development of the Cause of Persons with Disabilities II.Mechanisms for the Protection of Rights and Interests of Persons with Disabilities III.Health and Rehabilitation IV.Special Educat...July 2019 Contents Preamble I.Development of the Cause of Persons with Disabilities II.Mechanisms for the Protection of Rights and Interests of Persons with Disabilities III.Health and Rehabilitation IV.Special Education and Inclusive Education V.Employment and Entrepreneurship VI.Basic Life and Social Security VII.Creating an Accessible Environment and Enabling Mobility.展开更多
People under the interpretation of Chinese culture have multiple values It emphasizes not only people in the collective sense, but also individuals in the individual meaning According to the Constitution of the Peo...People under the interpretation of Chinese culture have multiple values It emphasizes not only people in the collective sense, but also individuals in the individual meaning According to the Constitution of the People’s Republic of China, respecting and protecting the dignity and rights of persons with disabilities is the duty of the State and the whole of society, and one of the core values of the Constitution The protection system for the rights and interests of persons with disabilities in China has basically taken shape, with positive progress in the protection of the right to rehabilitation, the right to education, and the right to employment However, there are different challenges We should continue to promote the rule of law for persons with disabilities and build a more complete system for the protection of the rights and interests of persons with disabilities.展开更多
基金the“Application of the Dynamic System Theory in the Determination of Infringement Liability for Immaterial Personality Rights in the Civil Code”(Project Approval Number 2022MFXH006)a project of the young scholar research program of the Civil Law Society of CLS in 2022。
文摘The advent of the big data era has presented unprecedented challenges to remedies for personal information infringement in areas such as damage assessment,proof of causation,determination of illegality,fault assessment,and liability.Traditional tort law is unable to provide a robust response for these challenges,which severely hinders human rights protection in the digital society.The dynamic system theory represents a third path between fixed constitutive elements and general clauses.It both overcomes the rigidity of the“allor-nothing”legal effect evaluation mechanism of the“element-effect”model and avoids the uncertainty of the general clause model.It can effectively enhance the flexibility of the legal system in responding to social changes.In light of this,it is necessary to construct a dynamic foundational evaluation framework for personal information infringement under the guidance of the dynamic system theory.By relying on the dynamic interplay effect of various foundational evaluation elements,this framework can achieve a flexible evaluation of the constitutive elements of liability and the legal effects of liability for personal information infringement.Through this approach,the crisis of personal information infringement in the era of big data can be mitigated,and the realization of personal information rights as digital human rights can be promoted.
文摘Protecting personal credit information through constitutional rights is not only essemtial for individuals to defend against infringements on their personal credit information rights and interests by public power in the social credit system,but also a requirement for unified legislation on social credit to explore the basis for constitutional norms.In the era of the credit economy,personal credit information has become a vital resource for realizing personal autonomy.Along with the increase in the state’s supervision and control of personal credit,the realization of the autonomous value in the interests related to personal credit information has also set more obligations for the state.Therefore,interests related to personal credit information should be regarded as a constitutional right.Because of its significant economic interest and value,the right to personal credit information should be classified as a constitutional property right.As a constitutional property right,the right to personal credit information can not only help protect people’s economic interests,but also achieve the goal of safeguarding their personality interests.
文摘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.
基金staged research result of the major project of the MOE Humanities and Social Sciences Project Base“Research on the Human Rights Value Connotation and Legal Guarantee in Xi Jinping’s Thought on Ecological Civilization”(Project Approval No.21JJD820007)+1 种基金the staged research result of the major project of the National Social Science Fund of China“Research on Establishing and Improving the Property Rights System for Natural Resource Assets”(Project Approval No.22ZDA109),aiming to study and interpret the spirit of the Sixth Plenary Session of the 19th CPC Central Committee。
文摘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.
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At the legislative level in China,there has been insufficient theoretical preparation to explicitly include“sexual autonomy”within the scope of general personality rights.In handling the increasing number of disputes related to violations of“sexual autonomy,”judicial biases have emerged during the trial process when courts determine the attribute of the right to“sexual autonomy.”This situation necessitates a clear legal analysis of the concept and attributes of“sexual autonomy”to establish its essential attribute as a personality right,and,from the perspective of legal doctrine,enable the justification of the right to“sexual autonomy”as either a general personality right or other personality interests,thereby providing theoretical support for courts to“adjudicate according to law.”By delineating and categorizing instances of violations of“sexual autonomy,”the constitutive elements and fundamental characteristics of such violations can be clarified.By examining the legal norms governing civil litigation and civil litigation associated with criminal cases concerning violations of“sexual autonomy,”the responsibility determination,remedies,and existing regulatory loopholes regarding violations of“sexual autonomy,”especially in cases involving both criminal and civil matters,can be defined.Based on this foundation,the legal basis,determination mechanism,and compensation standards for claiming compensation for mental damages resulting from violations of“sexual autonomy”can be elucidated.
基金phased result of“Feasibility Demonstration of Basic Legislation on Artificial Intelligence”(Project No.2022K20263)a project of the Bureau of Law-based Cyberspace Governance at the Cyberspace Administration of China。
文摘Whether a new generation of human rights emerges in the digital age has sparked widespread debate.Academic understanding of digital technology remains confined to thinking about network technology and products,often overlooking the revolutionary nature of digital media.Digital media has the sweeping potential to unify all forms of media and reshape social life,giving rise to new demands for a new generation of human rights.The concept of digital human rights can be defined as the legitimate rights of human's infinitely extended personalities through digital media.Its core characteristic is its transcendency,where every person lives in a networked space that surpasses physical boundaries,nations,and individual personalities.Human rights are generally considered the foundation for basic constitutional rights,which,in turn,form the basis for legislative acts across various sectors.In recent years,China has enacted numerous laws in the digital domain to keep pace with the times,but due to the lack of guidance on digital human rights,these laws tend to be fragmented and disjointed.It is urgent to unify digital legislation at all levels on the basis of reshaping basic constitutional rights.Thus,it is essential to reshape the basic rights based on the concept and characteristics of digital human rights and streamline legislation at all levels under the unified guidance of basic rights.This can help establish a comprehensive digital human rights protection system that meets the demands of the modern era.
文摘Accessibility is the basis and prerequisite for persons with disabilities to enjoy and exercise all human rights and fundamental freedoms With the rapid development of the internet, providing and promoting information accessibility is considered an important obligation for the State In the process of transforming international human rights law into domestic law, how to deal with the human rights protection of persons with disabilities and the obligations of the private sector to ensure persons with disabilities receive services and products that meet the requirements and principles of information accessibility has become a development issue in the new era Against the backdrop of the Convention on the Rights of Persons with Disabilities and in the context of the booming development of the cause of persons with disabilities in China, legal scholars, persons with disabilities, and organizations have jointly proposed the Beijing Initiative on the Principles of Information Accessibility for Science and Technology Products It clarifies that the private sector should embrace the human rights model advocated by the Convention in terms of information accessibility, and provide equal participation for persons with disabilities in the process of designing, producing and selling scientific and technological products The Initiative also states that the private sector should keep pace with the United Nation’s sustainable development goals and the basic national policy of building a well-to-do society in an all round way, ensuring persons with disabilities are included within a moderately well-off society It also provides civil opinions on the formulation and clarification of relevant laws in the future.
文摘This essay focuses on expanding the traditional theory of personality right and referring to the outside legislative cases in order to promote environmental information disclosure,the purpose,therefore is to realize the ecological personality right.
文摘Since its establishment,the United nations open-ended Working group on aging has shouldered the historical mission of exploring the“possibilities”and even laying the“foundation”for a Convention on the Rights of older Persons.Although the formulation of a convention on the protection of the rights of older persons has been widely supported by the general public and many countries,it still faces many problems.China should adhere to the combination of“human rights”and“development”and adjust its policies to adapt to the new changes in related fields.With successful case studies,concise expression of rights,and regional contracting practice,China could participate more fully in the reform of the international mechanism for the protection of the rights of older persons to improve the voice in future international human rights governance and make greater contributions to the protection of the rights of older persons worldwide.
文摘The concept of a Community with a Shared Future for Mankind provides new theoretical support for the special protection of the rights of persons with disabilities. The Convention on the Rights of Persons with Disabilities is innovative in terms of its purposes and principles, logic and technology, and the actual implementation of the contracting parties, which is unique in the field of international human rights law. It is a "transcendental" interpretation of the concept of a community with a shared future for mankind and enhances the ethical values of international human rights law. The development of the cause of persons with disabilities in China is positively influenced by the values reflected in the concept of a community of shared Future for mankind and meanwhile highlights them, which provides "Chinese experiences" for the international cause of persons with disabilities.
基金the provincial key academic project Research of the Grassroots Negotiation and Governance Modernization Viewing from the Angle of State Governance(2019-GDXK-0005)
文摘The right to the protection of personal data is an important human right in the era of big data and a constitutional right based on the national protection obligation and the theory of human dignity,making it of special significance for the realization of citizenship in a digital society.It can be seen from an examination of the constitutional texts of various countries in the world that the right to the protection of personal data as a constitutional right has rich normative connotations,and the key legal link to realize this right lies in the national legislature actively fulfilling its obligation to shape and specify the protection of personal data in accordance with the entrustment of the constitutional norms.Given the constitutional principles of fundamental rights protection,i.e.,realizing the constitutional status of the right to the protection of personal data as a basic right by means of institutional guarantees,the legislature should first adhere to the constitutionality principle of data protection legislation.Second,a multi-level data protection legal system centered on the right to the protection of personal data should be established.Finally,the institutional guarantee mechanism for the protection of personal data should be continuously improved through constitutional interpretation.
文摘In property transactions,there are many reasons for the debt agreement and the property registration that cause some timeinterval,which can easily lead to acts of infringing upon the interests of creditors,for example, a thing sold to different people at the sametime.Because in a number of transactions,the effectiveness of each contract is independent of each other, and this can lead to the occurrenceof credit,and each claim has the function of mutual tolerance and equality.Then set up multiple claims on the same item,the ownership of theproperty is difficult to determine because there is no priority.In order to ensure the realization of coming property rights,it is particularly importantto apply for preliminary registration to the registration authority.
文摘This article discusses the role of the Church in promoting human rights in Nigeria. This is anchored on the fact that the Church must live according to what it proclaims to the world especially against an avalanche of serious abuse of human rights in Nigeria. Cases abound how innocent citizens die in the hands of terrorist groups or communal clashes. This implies that it must live by the standards of the Gospel of Christ, striving vigorously to make the Christian values of love, honesty, truth, forgiveness, justice, self-sacrifice, solidarity and compassion guide the dealings with members with others in their private and public lives. It must be a Church that upholds the dignity and rights of human person and denounces what is essentially inhuman. Using descriptive and analytical methods, the paper underscores that the Church especially the canonists must courageously fight against forces of evil and iniquity engaging all stakeholders to a continuous dialogue that enhances mutual understanding and cooperation. In this way, all stakeholders will respect and uphold the sanctify of human rights in Nigeria and beyond.
文摘Establishing and protecting the right to development of disabled persons is not only the important part of Xi Jinping’s thought on human rights, but also a reflection of Marxism’s idea of human rights and a requirement of the rule of law in China. It is necessary to promote the protection of the right to development of disabled persons in terms of affirmative action. The Chinese government’s affirmative action requires structural characteristics, including providing the institutional basis for the affirmative action by constructing legal and non-legal institutions, providing an environment conducive for the affirmative action by shaping a more aware social ecology and providing valid guarantees for affirmative action by increasing the responsibility of local governments.
基金periodical achievement of "Research on Marching and Optimization of Supply and Demand of Public Services for Persons with Disabilities"(Project No.:2017ZDIXM116)as a key project of philosophy and social sciences for Institutes of Higher Learnings in Jiangsu Provincethe financial support of"Disability and Development Research Base"(Project No.:2017ZSJD011)as a project of off-campus research base for Institutes of Higher Leamings in Jiangsu Province and Six Major Talents Peak Projects of Jiangsu Province(Project No.:2016JY-043)
文摘The UN Convention on the Rights of Persons with Disabilities effective in 2008 explicitly stipulates that Member States shall guarantee that people with disabilities enjoy the right to education free from discrimination and without prejudice to equal opportunities.The Chinese government made amendments to the Law of the People s Republic of China on the Protection of Persons with disabilities and the Regulation on the Education of the Persons with Disabilities and issued a series of rules on the Education of the Persons with Disabilities so as to actively implement the Convention. In recent years,the number and proportion of children with disabilities who receive education in China and the number of students with disabilities receiving high school and higher education have been on the rise annually.However, there is still a gap in the level of education on all stages between persons with disabilities and persons without, presenting a huge challenge for the achievement of the right to education of persons with disabilities. We should continue to actively fulfill the obligations prescribed by the Convention to protect the right to education, explore the construction of integrated education, support the maintenance system,strive to improve the quality of special education,allocate resources for the education of persons with disabilities, and emphasize the appraisal of the education of persons with disabilities.
文摘The convention on the Rights of Persons with Disabilities came into force on May 3, 2008? Reviewing the social background of the drafting of the convention and reinterpreting its basic concepts and core provisions are of positive significance for the more comprehensive implementation of the convention in china’s domestic law and the advancement of the rights protection of persons with disabilities in china? The preamble of the convention on the Rights of Persons with Disabilities clearly confirms the value and foundation of the rights of persons with disabilities and establishes the guiding ideology and basic principles for the protection of the rights of persons with disabilities? china has actively implemented the convention through legislative, administrative measures and other appropriate measures in accordance with the requirements of the convention? in recent years, it has actively promoted the judicial protection of persons with disabilities by strengthening legal aid for persons with disabilities and strengthening judicial responsibility for handling cases of persons with disabilities?
文摘July 2019 Contents Preamble I.Development of the Cause of Persons with Disabilities II.Mechanisms for the Protection of Rights and Interests of Persons with Disabilities III.Health and Rehabilitation IV.Special Education and Inclusive Education V.Employment and Entrepreneurship VI.Basic Life and Social Security VII.Creating an Accessible Environment and Enabling Mobility.
文摘People under the interpretation of Chinese culture have multiple values It emphasizes not only people in the collective sense, but also individuals in the individual meaning According to the Constitution of the People’s Republic of China, respecting and protecting the dignity and rights of persons with disabilities is the duty of the State and the whole of society, and one of the core values of the Constitution The protection system for the rights and interests of persons with disabilities in China has basically taken shape, with positive progress in the protection of the right to rehabilitation, the right to education, and the right to employment However, there are different challenges We should continue to promote the rule of law for persons with disabilities and build a more complete system for the protection of the rights and interests of persons with disabilities.