Understanding the Human Rights of Modern Individuals—Revisiting Habermas’s Dual Critique and the Reconstruction of Intersubjectivity

Human rights are not only pivotal in depicting the relationship between individuals and communities but also a focal point of political philosophical concerns oriented towards reality. The inseparability of human rights from individual self-identity reveals a contradiction between practicality and historicity in understanding individuals, as highlighted in the debate between liberalism and communitarianism. In order to reconcile this contradiction, Habermas,drawing from German classical philosophy, examines practicality and historicity separately: while Fichte intertwines objectivity in self-identity, revealing the practicality of individuals but neglecting their real elements, Hegel interprets self-identity under the concept of unity,examining individuals from a historical dimension but letting rational rules dominate reality. Ultimately, Habermas reconstructs the process of modern individual self-identity from the theory of communicative action by critiquing the shackles of subjective philosophy. He not only reconciles the divergence between practicality and historicity in self-identity, but also elucidates the intersubjective core inherent in human rights.

Research on the Constitutional,Historical and Practical Logic of the Chinese Path of Human Rights Development——From the Perspective of the Inclusion of Human Rights Clause in the Constitution

The inclusion of the human rights clause in the Chi-nese Constitution is a concern and expression of the spirit of the Con-stitution,which has laid the institutional regulations of the fundamen-tal law for the development of human rights in China,provided the principles and value norms of the highest level of effectiveness for the legal protection of human rights,and built a profound constitutional basis for the formation and improvement of the Chinese path of human rights development.The human rights clause is not only a summariza-tion and affirmation of the historical practice of Chinese human rights development under the leadership of the Communist Party of China,but also a new starting point for the development of human rights in China under the leadership of the Communist Party of China.It marks that the development of human rights in China has entered a new era.The Party and the state have finally embarked on a path of human rights development with Chinese characteristics by formulating and implementing the Human Rights Action Plan of China,eliminating ab-solute poverty through the national poverty alleviation campaign,and promoting human rights protection through the rule of law.

The Dynamic System Theory of Legal Protection for Personal Information Rights Infringement

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.

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.

Summary of the Seminar on “70 Years of the PRC’s Human Rights: Path, Practice and Theory”

The seminar"70 Years of the Prc’s Human rights:Path,Practice and Theory",sponsored by the china Society for Human rights Studies and the Publicity Department of the c Pc Jilin Provincial committee and organized by Human rights research center of Jilin university,was held at Jilin university on May 9,2019.More than 100 officials,experts and scholars from state organs,universities and research institutions attended the seminar.The seminar focused on the historical development experience of the cause of human rights in china over the past seven decades since the founding of the People’s republic of china(Prc),as well as china’s human rights practices and theories and the promotion of human rights diplomacy and china’s right to speak on international human rights.The seminar was conducive to further understanding the development progress of human rights in the People’s republic of china,building consensus on human rights,and promoting the integrity and innovation of theoretical research on human rights.

Business and Human Rights: A Study of the Interaction Between Policy Concept Shifts and Business Practices in China

The international agenda on business and human rights has entered a new era when the united Nations Guiding Principles on Business and Human Rights was endorsed in 2011 Meanwhile, as china is growing to become one of the biggest economies in the world, chinese businesses are exerting greater impacts on human rights in and outside china The 'Pillar II' policy shift of the chinese government regarding human rights refers to the translation of human rights from norms of public law to value principles for the private sector including businesses, and such a policy shift has been both a result of chinese businesses dealing with 'imported human rights challenges' in china, and one of the reasons for chinese businesses tackling 'exported human rights challenges' in overseas investment and trade Through a series of policy changes, the chinese government has transformed international human rights principles and norms into a value system and code of conduct meant for chinese businesses to respect and observe, which can greatly enhance the awareness and capacity of chinese businesses in fulfilling the irresponsibility to respect human rights in and outside china on the other hand, the challenges and opportunities from different dimensions are faced by the chinese government and businesses in business and human rights Therefore besides effectively fulfilling its duty to protect human rights, the chinese government needs to optimize and strengthen its 'Pillar II' policies, so as to push and support chinese businesses in knowing and showing their responsibility to respect human rights at both perception and practice levels.

Relative Universality of Human Rights: Theory and Practice

Introduction After the birth of the Universal Declaration of Human Rights （UDHR）, ＂universal human rights＂ became a novel formal legal term both in the field of jurisprudence and in the international community. The notion of ＂universal human rights＂ indicates the ideal of ＂all human rights for all.＂ As the provision in Article 2 of the UDHR stated： ＂Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, color, sex, language, religion, politi cal or other opinion, national or social origin, property, birth or other status.＂ However, some nonWestern govern ment officials and intellectuals have expressed doubts about the justifi ability of the term, which seems only to be a reflection of unique Western culture rather than Asian or Arabian ones. At the Vienna World Human Rights Conference, many heads of state said that universal human rights cannot be compatible with nonWest em culture. Even Lee Kuan Yew, the former leader of Singapore, declared in 1996： ＂Asian values are universal values. European values are European values.＇＇~ This statement is obviously a rejection of the idea that human rights are universal. In contrast, universal rights extremists and human rights activists and NGOs, such as Amnesty International and Human Rights Watch, try to propagandize unified international human rights standards and international human rights re gimes. The debate continues from the diplomatic field to the academic field. But, in the foreseeable future,

The Translingual Practice of Human Rights: Value Tyranny and Overlapping Consensus of Cultures

I. The Value Tyranny of the Universality of Western Human Rights Discourse From the perspective of history, human rights discourse originating in the West is first of all a kind of special discourse, rather than universal words. ＂Human rights discourse is a language of rights, which is a language of Western culture. Therefore, in terms of concept, there is no concept of ＇human rights＇ in traditional Confucianism, not even the concept of ＇rights＇. In this sense, the concept ＇human rights＇ is a product of typical Western culture, although it appeared in modern times and it was the out- come of the development of civil society and democracy.TM Marked by unique Western color, human rights discourse originated from the special Western economic, political, histori- cal and cultural background and has its unique consciousness of problems and practical direction. For example,

Vigorously Boosting the Development of Chinese Human Rights Theory and Practice

We feel a great honor and heavy responsibil- ity upon the Human Rights Research Center at Shandong University being named one of China＇s national human rights education and training bases. In our view, national human rights education and training bases should keep up with the times, bring into full play their ad- vantages of uniqueness and openness, complement each other, make con- certed efforts to achieve innovation and vigorously boost the development of Chinese human rights theory and practice. The university center will continue to bring into play its tradi- tional strength in theoretical research and graduate education and work hard to fulfill all the tasks of the center. It will focus on the following work.

Determination of Liability for Violation of “Sexual Autonomy” and Compensation for Mental Damages

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.

Practical Logic and Discourse Interpretation of China’s Efforts to Safeguard the Right to Subsistence

The Communist Party of China has led the Chinese people to write a brilliant chapter of national development over the past century,wherein the nation has sounded a clarion call for safeguarding the right to subsistence and made fruitful achievements in this regard.However,there is still room for improvement in its systematic discourse of the right to subsistence.To accurately understand the Chinese theory on the right to subsistence,we must base it on China’s historical background and social reality.Through mining the white papers on human rights progress in China over the years and analyzing Chinese practices recorded thereby,we can figure out the practical logic for the country’s efforts in the protection of the right to subsistence,and with this as a clue,we can further interpret its discourse on the right to subsistence.Issues related to the right to subsistence can be divided into two levels:“basically solved”and“truly solved”.The former involves the settlement of the most fundamental issues closely related to the right to subsistence in fields like food,education,medical care,housing,and drinking water,and the latter corresponds to“improvement”in the right to subsistence.While consolidating and upgrading the existing basic rights,China works to enable its people to truly gain a foothold in society and achieve their aspiration for a better life through combining assistance and support from the government and society and the efforts of individuals.Understanding the right to subsistence in a dynamic and developmental manner is instrumental in better understanding the alignment between the right to subsistence and other human rights.

Timberland Investing and Private Property Rights in the United States of America

Investments in rural land for agriculture, timber, and other natural resource purposes occur frequently and globally. Fundamental principles of liberty and property found in the United States of America’s (“US”) legal system, from its origins to recent US Supreme Court decisions, continue to positively benefit holders of real estate in the Southern US, through a deep-rooted public policy of supporting private property rights and rural economic development. This stable rule of law enhances the long-term adaptability and sustainability of timberland as an asset class. This article is a commentary. It combines legal research methodology with the observations and conclusions of the authors. Its purpose is to demonstrate that the existence of alienable, documentable ownership, and related property rights create inherent stability and security. These principles form the basis of a culture that is defined by the rule of law and is “open for business.” This business mindset is particularly prevalent in the Southern US.

New Realms and New Highlights in the Legal Protection of Human Rights——Theoretical and Practical Innovations in the Legal Protection of Human Rights Since the 18th CPC National Congress

Since the 18th National Congress of the Communist Party of China （CPC）, the system for the legal protection of human rignts under socialism with Chinese characteristics has experienced innowtive development. In particular, the Decision on Certain Key Issues on Comprehensively Deepening Reform, which was adopted by the Third Plenary Session of the 18th CPC Central Committee, has made major reform arrangements related to the system and mechanisms for the legal protection of human rights under socialism with Chinese characteristics. Taking the theoretical and practical innovations since the 18th CPC National Congress in the protection of human rights as its perspective, this, article discusses new realms and new highlights in the legal protection of human rights.

A study on the dilemmas of resource utilization and tourism in Africa

This paper explores,explains and discusses issues around the dilemma between local conservation of natural resources(often,endangered species and habitats)and tourism needs in Africa.Often and in constitutional terms,local people have a right to exploit and use resources endowed in their local area.However,tourists often are interested in viewing the vegetation and animal resources undisturbed.Inevitably,there is an undeclared animosity of values and interests between local communities and tourists and state agencies.As a result,the dilemma is thus of governance.The purpose of this paper is to demonstrate the governance dilemma of resource utilization and tourism in Africa in a bid to create an informed stewardship framework for sustainability.This is achieved by way of case studies and narratives from Africa.As such,this paper will be a review literature on how different communities perceive tourism and derive livelihoods from their immediate environment.It also explains how the external factors influence local needs and interests.A more sustainable and operational framework that reduces friction among stakeholders is suggested.

On the Human Rights Implications of the Whole-process People’s Democracy

The whole-process people’s democracy is a prerequisite for the people’s democracy.It is the organic unity of process and outcome democracy,procedural and substantive democracy,direct and indirect democracy,as well as the people’s democracy and the will of the state.The whole-process people’s democracy is the latest theoretical expression of the concept of socialist human rights with Chinese characteristics,a new achievement in the practice of socialist human rights with Chinese characteristics,a new development of the system of the socialist human rights with Chinese characteristics,and a new contribution to the development path of human rights in the world.

The Formation Mechanism of the Outlook on Human Rights Development in Contemporary China

The Western fundamentalist view of human rights,in contrast to Chinese society and culture,is external,and thus provides"conceptual form," "thinking method" and "theoretical technique"but not concrete content.In the traditional Chinese ideology,the time-honored group standard cannot be replaced by the individual standard.In New China,priority is given to the freedom and independence of "everyone" and the realization of rights and interests for"all".Contemporary China combines the human rights conception in Marxism with China’s concrete reality.Meanwhile,it integrates the socialist idea of equality with the traditional culture of the Chinese nation,creating a dual-guarantee system for universal values and individual rights.It gives a clear-cut expression to contemporary China’s rich traits of the cultural tradition of emphasizing progress for all and the equality for all,the priority of realizing the survival and development of the people,and the reference to the achievements of human rights civilizations of other countries.Human rights development in contemporary China must further consolidate the political conditions and institutional base for realizing the "public " goal of human rights and build a solid institutional guarantee for the "private" value orientation of human rights,by means of the construction of the whole-process people’s democracy.

The Theoretical and Practical Extension of the Right to Health

By reflecting on the dualities al in Western human rights concepts,the right to health presents rich normative connotations in our country,and plays an important role in promoting,compelling and guiding individuals,governments and other participants.The expansion of the human rights movement and the advancement of medical technology since the end of World War II are the underlying reasons why the right to health has flourished in the field of international human rights law.Since the founding of the People’s Republic of China,China has gradually formed a relatively complete system of health laws and regulations in its Constitution.Faced with the challenges of COVID-19 prevention and control,China has clarified the value superiority of the right to health in the constitutional norms.At the same time,the concept,value and principles of the right to health are having an increasingly prominent influence on the system of civil law,criminal law,patent law and other departmental laws and regulations.

History and Logical Progression of China's Public Health System——From the Perspective of the Protection of the Right to Health

A public health system generally refers to public utilities oriented toward protecting and improving health. It is intended to protect the health of the general public. Since the founding of the People’s Republic of China, China has constructed the largest healthcare system in the world. The 20th National Congress of the Communist Party of China(CPC), stressed that China will improve its public health system. Looking back at the history of China’s public health system from its inception to the reform and development and then improvement, it can be found that its development has always revolved around the theoretical logic of unifying rights and obligations and the practical logic of balancing the protection of the right to health and the regulation of state power. The fundamental goal is to protect the right to health of the people. The increasing health risks in modern society have changed require that efforts be made to construct a crisscrossing legal framework for public health, improve early-warning and emergency response mechanisms for public health emergencies,and integrate the health concept into all policies to further improve the public health system.

Summary of the Seminar Commemorating the 30^(th) Anniversary of the Release of the White Paper Entitled Human Rights in China

On November 1,1991,the State Council Information Office of the People’s Republic of China issued its first white paper entitled Human Rights in China.In the past 30 years,China’s human rights cause has developed rapidly,and relevant theoretical research has been continuously improved.On October 15,2021,the Seminar Commemorating the 30;Anniversary of the Release of the White Paper Entitled Human Rights in China was held in Beijing.It focused on three topics:the theoretical significance of the white paper,its discourse building and its practice.The meeting held that the Chinese human rights philosophy emphasized in the white paper is in line with China’s national conditions and development path philosophy,and is a typical achievement of adapting Marxism to Chinese conditions.Over the past 30 years since the release of this white paper,China’s human rights cause has completed the basic work of theoretical building and path exploration,and meanwhile,China has established a human rights discourse system and human rights protection system in line with China’s history and development stage,participated in global human rights cooperation,and contributed Chinese wisdom to the advancement of the world’s human rights cause.

The Communist Party of China's Human Rights Assertions in its Centennial Diplomacy: An Evolutionary Evaluation

The Communist Party of China’s propositions regarding human rights in its diplomatic practice over the past 100 years have emerged and evolved amid drastic changes in the domestic and international environment,and it is necessary to interpret them in the context of the times and their particular historic juncture.With the theme of the CPC’s diplomatic thought changing from“revolution and war”to“peace and development”over the past century,the core value of the CPC’s propositions regarding human rights in its diplomatic practice has gradually evolved from the view of collective human rights characterized by demanding,realizing and defending the right to national self-determination to the view which attaches equal importance to individual and collective human rights and espouses a people-centered approach in human rights protection.In this process,the CPC has followed the international trend,accepted international human rights norms,actively participated in global human rights governance,integrated the universality of human rights with China’s national conditions,continually summed up its own experience in human rights practice,provided the international community with Chinese wisdom and solutions,advanced the establishment of a fairer,more reasonable and inclusive global human rights governance system,promoted the building of a community of shared future for mankind,and opened a new path of human rights diplomacy with Chinese characteristics.