An Evaluation of the Core Controversies in Contemporary Western Human Rights Theory——A Study Based on the Examination of the Criterion of Fidelity to Practice

The development of theories on human rights with Chinese characteristics and China’s engagement in global human rights governance cannot be separated from attention to contemporary Western human rights theory.The debate between naturalistic and political conceptions of human rights has a long history,but discussions on the basic criteria for evaluating human rights theories have been insufficient.This article,focusing on the criterion of fidelity to practice,attempts to identify the development trajectory and direction of human rights theory.The universal claims of naturalistic human rights perspectives and the human rights catalog they propose have been criticized for deviating from practice.On the other hand,political conceptions of human rights,while emphasizing domestic human rights practices,have been criticized for their occasional nature and perceived loss of criticality.The broad-way practice theory seeks a third way that goes beyond the divide between these two perspectives.On the one hand,the theory itself faces limitations and the need for reshaping,while on the other hand,the traditional singular practice theory is also undergoing self-renewal.It can be said that the“internal critique”of contemporary Western human rights theory is already underway and will continue.

The Four Categories of Chinese Discourse on Human Rights and Their Interrelationships

In China,the main discourse on human rights can be classified into four categories:political discourse,policy discourse,institutional discourse,and academic discourse.These four categories show significant differences in terms of the context,content,mode of expression,characteristics,and functions of the discourse.They cannot be simply equated or interchangeable with one another.However,they also rely on,restrict,and promote each other,and under certain conditions,they can be transformed into one another.It is needed to prevent imbalances,mismatches in context,isolation,and inadequate translation among human rights discourses.Meanwhile,it is essential to promote balanced development among different discourses,where each discourse maintains its own boundaries,refers to one another,and undergoes accurate translation,in order to construct their healthy interrelationships.Exploring appropriate methods of translation between discourses is an important and worthwhile topic for research in Chinese human rights discourse.It holds significant practical significance and academic value in constructing the Chinese human rights discourse system.

The Relationship between Economic Rights and Political Rights in Marx's Theory

According to the 'three-generation human rights' theory, 'the first generation of human rights', namely natural rights theory, emphasizes political rights, and 'the second generation of human rights', as the outcome of the international communist movement, emphasizes economic rights. However, if we deep analyze Marx's civil society-political state theory and his critique of natural rights theory, we can find that Marx's civil society-political state theory has two dimensions, where the two sets of human rights ranks are derived. Under the realistic condition, the economic rights indeed serve as the basis and aim of political rights while under the new idea of human rights—human liberation, political rights should be the most essential human rights.

China's Criminal Law Reform from the Perspective of the International Covenant on Civil and Political Rights

The International Covenant on Civil and Political Rights reflects the world’s perception of human rights, and is of vital importance in the field of international human rights. The Covenant has been signed by Chinese government. Although not ratified yet, it will definitely have an impact on the reform of China’s Criminal Law. Therefore, it is necessary to further change our notion of the criminal law system by defining the boundary between public power and civil rights and developing the view of human rights protection. In terms of the specific system, it is necessary to further reduce the number of crimes punishable by the death penalty and limit the application of the death sentence, improve China’s Criminal Procedural Law to protect the fundamental rights of suspects and defendants in terms of compulsory measures, investigation means and judicial form, and add some charges like enslavement and illegal human experimentation, which are criminalized around the world, so as to be in line with the requirements of international human rights protection.

The Modernization of State Governance Will Promote Protection of Civil and Political Rights

The modernization of state governance and innovation in governing measures will strengthen the protection of human rights in China, including civil and political rights. Firstly, legal control over public power will reduce arbitrary restrictions on civil rights. Secondly, public participation in policy-making will provide more opportunities for citizens to exercise their political rights. Thirdly, governing by law will better guarantee equal protection of law for all people. Fourthly, an effective accountability mechanism will reinforce people's right of supervision. Lastly, innovation in governing measures will help identify and satisfy citizens' demands.

Human Rights as Unique Rights——an analysis of Raz's Political Concept of human Rights

The practice of international human rights has led to the development of the political notion of human rights in contemporary times and triggered the theoretical reflection on"what are human rights"The natural rights view,which is based on human nature,regards human rights as universal moral rights owned by everyone against all others.holding a different perspective from the natural rights view,Raz,the representative of the political notion of human rights,bases his view on the political function of human rights in restricting national sovereignty in international practice and defines human rights as the legal rights enjoyed by everyone against the country since the end of the World War ii,which should be enforced by fair and reliable international institutions.Unavoidably,Raz’s concept of human rights has been subject to questioning and criticism by natural right theorists.The controversy around Raz’s concept of human rights shows that:on one hand,the Western academic circle has not readied a basic consensus on the understanding of human rights based on international human rights practice;on the other hand,it deeply reveals the theoretical need for the international community to reach a basic consensus on international human rights practice in the historical context of the changing international legal order.

Universality and Relativism of Human Rights from Perspective of International Covenant on Civil and Political Rights

There has been much discussion in the recent decade on the universality or particularity or relativism or on the relations between the universal values and standard systems and cultural diversity or pluralism. But most of the discussions are concentrated on the abstract or conceptual terms, with few touching upon international human fights standards. This is strange, because the disputes will never end and it is impossible to arrive at any conclusions of value if discussions only focus on the different concepts and systems of different countries or civilizations instead of on what has been universally accepted or at least on the international human rights treaties and the customary international human rights laws that are binding to the great number of state parties.

Northwest University of Political Science and Law Human Rights Research and Education Center

I. Human Rights Education and Training 1. Overview The Northwest University of Political Science and Law is a diversified university, highlighting law as well as covering philosophy, economics, literature, management, art and engineering. It is an important base for training legal professionals as well as a center for legal education, research and information in Northwest China. The university, which was established 77 years ago and has trained undergraduate students for 56 years and graduate students for 35 years, is financially supported by the Shaanxi provincial govemment.

Southwest University of Political Science and Law Human Rights Education and Research Center

I. Overview 1. History The Southwest University of Political Science and Law devel- oped from the Southwest People＇s Revolutionary University, which was founded in 1950. Based on the former university and the law departments of Sichuan University, Chongqing University, Guizhou University, Yunnan University and Chongqing Finance and Economics College, the Southwest College of Political Science and Law was established.

On the Value of the Legalization of Political Participation in Protecting Human Rights

It＇s necessary to legalize political participation in contemporary China because of its value in protecting human rights in terms of function and value. That is, the legalization of political participation aims to promote human rights protec- tion. What＇s more, the legalization of political participation in contemporary China and the maturity of the pro- motion of interest coordination and the rule of law, also show the great development of democracy and politi- cal stability in China.

East China University of Political Science and Law Human Rights and Humanitarian Law Research Center

I. Introduction The Human Rights and Humanitarian Law Research Center at the East China University of Political Science and Law was established in December 2006, with public international law experts as its core. The center is administered by the International Law School at the East China University of Political Science and Law.