The Concept of Digital Human Rights and Its Reshaping of Basic Rights

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.

Realization of the Function of Basic Rights to Balance Society--taking personal Information Rights as an example

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.

Right to Family Life:Convergent Interpretation between Chinese Mainland and Hong Kong&Macao SARs

In the course of implementing the Constitution and theBasic Law in the Chinese mainland and the Hong Kong and MacaoSpecial Administrative Regions, the core content of “family life” (especiallythe part involving the parent-child relationship), which is abasic right at the constitutional level, has finally been recognized bythe competent authorities as “close ties between family members.”The convergent interpretation of basic rights by competent authoritiesin the Chinese mainland and the two special administrative regions,at least in terms of “family life,” is fundamentally due to the fact thatunder similar social, economic and population conditions, they havereached a consensus on understanding the core content of basic rightsunder the influence of international human rights law. On the basis ofthis convergent interpretation, there should be no longer significantdifferences in the basic rights enjoyed by Chinese citizens in the Chinesemainland and Hong Kong & Macao.

Building International Consensus and Working Together to Advance the Development of the Global Human Rights Cause—Summary of Academic Views at the Forum on Global Human Rights Governance

On June 14-15,2023,the Forum on Global Human Rights Governance,jointly hosted by the State Council Information Office,the Ministry of Foreign Affairs,and the China International Development Cooperation Agency,was held in Beijing under the theme of“Equality,Cooperation and Development:The 30th Anniversary of the Vienna Declaration and Programme of Action and Global Human Rights Governance.”Participants conducted in-depth discussions and exchanges on topics such as“International Cooperation and Global Human Rights Governance,”“Global Development Initiative and the Realization of the Right to Development”,“Global Security Initiative and Human Rights Protection,”“UN Human Rights Mechanisms and Global Human Rights Governance,”and“Human Rights Protection in the Digital Age.”The event helped build international consensus and yielded fruitful achievements.

Globalization of Criminal Justice and Human Rights Basic Dilemma

In this era of dramatic,rampant,and incessant political change,predictions about the future can no longer be based either on conventional wisdom or historical precedent.Criminals have learned to take advantage of the dynamic globalization and the opening of borders in new and dangerous ways.In response to the global crime and human rights problems,this paper is an introduction to some of these developments in criminal justice system to fight crimes and to prevent human rights.Furthermore,this paper will also examine“sense of justice in criminal process”,and identifies“basic dilemma”problems in existing legal of criminal justice and human rights.It contains a series of new ideas that a disruptor to the judiciary system and policy-maker reforms aid in the prevention of criminalization to citizen rights and change impacts the criminal justice system to protect human rights to be seen globalization change justice for societies.

On the System of Rights Underlying the Right to Health and Constraints on the Right to Health——Including a Commentary on the Basic Healthcare and Health promotion Law(Draft)

Conceptually,health is subjective,procedural and socially reliant.This three-fold nature determines the connotations of the right to health as well as the constraints thereof.The right to health encompasses both the right to freedom and social rights.The right to freedom in the context of health means that the state should respect the health status and choices of its citizens and trust that the people are able to optimize their health through their own efforts,whereas the right to basic healthcare services is an important component of the right to health from the perspective of social rights.The review system stipulated in administrative normative documents increases,to a certain degree,the possibility that citizens can realize their right to health.The right to health is constrained in three aspects:"precondition of the possible",concurrent requirements imposed by society and conflicts among basic rights.When there is financial restraint on what the state can afford,the right to health is constrained by limits to healthcare institutions and the provision of healthcare services.over-emphasis of individual responsibility on the part of the insured can possibly transform the right to health into an obligation to be healthy.

Protection of Basic Human Rights in the Application of Big Data to Counter Terrorism

In the era of big data,the ways people work,live and think have changed dramatically,and the social governance system is also being restructured.Achieving intelligent social governance has now become a national strategy.The application of big data technology to counterterrorism efforts has become a powerful weapon for all countries.However,due to the uncertainty,difficulty of interpretation and potential risk of discrimination in big data technology and algorithm models,basic human rights,freedom and even ethics are likely to be impacted and challenged.As a result,there is an urgent need to prioritize basic human rights and regulate the application of big data for counter terrorism purposes.The legislation and law enforcement regarding the use of big data to counter terrorism must be subject to constitutional and other legal reviews,so as to strike a balance between safeguarding national security and protecting basic human rights.

The Environmental Human Rights under the Perspective of Basic Rights--An Analysis of the dilemma Facing the legalization of environmental Rights

Given the dilemma facing legalization on environmental rights, it is necessary to re-examine the nature and function of environmental human rights under the theoretical system of basic rights. Its justification approach follows a logical chain from a rights-based approach to basic rights. The difficulty in legalizing environmental rights reflects the disputes over the basis for environmental law. Reconstructing the right-based approach in environmental law can justify the rights-oriented path to the environmental rule of law. The basic rights system with human rights as the core can explain the constitutional environmental human rights. As the basic rights not enumerated in the Constitution, the environmental human rights have such functions as the right of self-defense, the right to benefit, and institutional, organizational and procedural guarantees due to its dual nature of subjective right and objective law.

Building a Community with a Shared Future for Mankind to Human Rights Theory

The concept named "a community with a shared future for mankind" has important implications for the theory and practice of human rights. From the perspective of specific human rights, the idea of a Community with a Shared Future for Mankind implies recognizing the right to peace of mankind, advocates the mode of economic cooperation and development, and acts as a guide for building an eco-friendly world, rejecting hegemony, and promoting cultural diversity. Therefore, a Community with a Shared Future for Mankind plays an important supporting role in establishing the legitimacy of specific rights. Meanwhile, in view of the scarcity of human resources, it is impossible for all kinds of rights to be protected to the same degree. Human rights need to be systematically constructed in theory and practice, and also require the formation of a well-functioning platform for their protection. As a guideline, the notion of a Community with a Shared Future for Mankind is conducive to the establishment of such a system.

A Pluralistic Approach to Human Rights in a Community of Shared Future for Mankind

'A community of shared destiny for all mankind' has its own inherent logic, structure and development path, and a pluralistic concept of human rights is a key factor to achieve its four core goals: equality, cooperation, security and inclusiveness. A pluralistic concept of human rights and the ideal of a community of shared future for all mankind overlap on certain values and interests, as well as power and cultural attributes. It means that a pluralistic approach to human rights is indispensable to the establishment of a community of shared future for all mankind. Meanwhile, this new view of human rights embodies mutual respect and support for the inherent inevitability among different countries, shared responsibility, and pursuit of common development.

Equality, Participation and Sharing: 70 Years of Protecting the Rights and Interests of Persons with Disabilities in the PRC

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.

From the UN Charter and the Universal Declaration of Human Rights to Building a Community with a Shared Future for Human Beings--The Past, Present, and Future of International Human Rights Protection

The UN Charter first of all affirmed the basic concept of international protection of human rights and opened up a broad space for international protection of human rights. The Universal Declaration of Human Rights is an important document in the development of the international human rights cause. It established a set of international standards for basic human rights, represents the world’s most important consensus on human rights, and contributes greatly to the creation of an international human rights legal system. The important theory put forward by President Xi Jinping to build a Community with a Shared Future for Human Beings, as a Chinese program for today s global major issues, also outlines a new blueprint for national human rights protection and will play a major role in promoting the development of China’s human rights and international human rights protection.

The Human Rights Dimension in Building a Community with a Shared Future for Mankind

A Community with a Shared Future for Mankind is China’s proposition to establish a fair and equitable international order. Just as in any other community, a Community with a Shared Future needs common values to bring its members together. To build a new model of relations featuring win-win cooperation, a Community with a Shared Future should attach great importance to the overall interests of mankind and consider the protection of human dignity and human rights as the highest purpose and objective, ensuring that inevitably, human rights become its common values. On the other hand, to build a Community with a Shared Future, we should reconstruct the concept and system of human rights from the perspective of developing countries, instead of from the perspective of Western powers.

Promotion and Protection of Human Rights in the Discourse of Community with a Shared Future: China's Ideas and Experience

Countries in the world lack the ability to maintain internal independence and to cope with new external risks, sov ereign state relations based on respect for diversity are giving way to global solidarity. The concept of a community with a shared future for all mankind emphasizes relative independence along with the integration of human society and the joint liability of states. The basic principle is to recognize and respect diversity so as to maintain and enhance integration. In the discourse of a community with a shared future, we must look at human rights and the promotion and protection of human rights from a relational and symbiotic perspective. The concept of human rights is comprehensive, the universality of human rights does not mean the universality of human rights standards, and the global governance of human rights needs to strengthen both the internal c and external capacities and conditions of countries. In this regard, China’s experience is to form a task-oriented target governance model, enhance the enforceability and evaluability of the legal protection of human rights, substantiate and operationalize human rights principles and proposals at all levels through efforts such as establishing mechanisms and initiating forums, and continue to implement and enhance the external cooperation mechanism. The vulnerability, diversity, and scarcity of individuals and human societies are the roots of the problems of global peace and security, and a community with a shared future is also a community of rights, obligations and responsibilities. Therefore, the promotion and protection of human rights is not a burden to be distributed, but a responsibility to be shared, a collective responsibility based on shared values.

The “Transcendental” Interpretation of the Concept of a Community with a Shared Future for Mankind: The Convention on the Rights of Persons with Disabilities and Its Implementation in China

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.

Important Guarantee for The Basic Rights of Citizens——China's State compensation system

A common folk can sue an official? This was hardly possible in the past in China where the old feudalistic tradition dies hard. But this is really possible today when the common people cannot only sue officials and also get compensation if they are wronged. State compensation system It would be inevitable for government functionaries to cause damages to some citizens, legal persons or other organizations in the course of their management of the society. That is why China has established a State compensation system to compensate for the damages to citizens, legal persons and other organizations caused by government functionaries in exercising their power.

Civil Affairs Authorities Bent on Protecting People's Basic Rights

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

Concept of building a Community with a Shared Future for Human beings and International Cooperation on Pandemic Prevention and Control——Global Pandemic Prevention and Control and Human rights Protection the Second Session of the Series of international S

The global outbreak of COVID-19 has posed a great challenge to the human rights protection.On May 18,2020,the second session of the series of international seminars on"Global Pandemic Prevention and Control and Human Rights Protection",organized by the Institute of Human Rights of China University of Political Science and Law under the guidance of the China Society for Human Rights Studies,was held online.The seminar was themed on the Concept of Building a Community with a Shared Future for Human Beings and International Cooperation on Pandemic Prevention and Control."Through the seminr,Chinese and foreign experts discussed in depth the values of human rights theories,the specific practices and measures taken by China and the European Union in fighting COVID-19,the protection of human rights in emergencies and the issue of human rights derogation.The seminar delivered a general consensus that prejudice should be abandoned in public health emergencies and international cooperation is continuously promoted within the framework of the United Nations to build a community with a shared future for human beings.

Building a Community with a Shared Future for Human Beings: New Opportunity for South-South Human Rights Development Overview of the First South-South Human Rights Forum

From December 7 to December 8, 2017, the State Council Information Office and the Ministry of Foreign Affairs jointly organized the first South-South Human Rights Forum in Beijing. With the topic of "Building a Community with a Shared Future for Human Beings: New Opportunity for South-South Human Rights Development," participants conducted in-depth discussions on topics including "global human rights governance", "inclusive development and South-South human rights cooperation", "China and the SouthSouth cooperation", "right to education for the countries of the Global South" and "poverty reduction, right to food and right to health", which achieved great consensuses and yielded results. This Forum was the first time that countries of the Global South have jointly discussed human rights issues.