Human Rights Value Based on the Legislation Principle of the Basic Healthcare and Health Promotion Law

The draft of the Basic Healthcare and Health Promotion Law directly incorporates the concept of the right to health,which will have a positive significance in realizing the constitutional norms of the right to health protection.China’s Constitution stipulates the general policy,concrete duties and specific obligations of the state to protect citizens’ right to health,which is the most fundamental logical starting point of legislative design.The implementation of state obligations requires the legislation to follow the principles as follows:people-centered public welfare,respecting and protecting the principle of citizens’ right to health,equitable access to basic medical and health services and the government responsibility for the purpose of the people’s health.

Appropriate Attitude and Principle for Strengthening Human Rights Protection——Speech at the opening ceremony of the 12th Sino-German Human Rights Symposium, July 13, 2014

Since 1999, there have been 11 Sino-German Human Rights symposiums. Due to the concept of peace and development and the principle of dialogue through consultation, non- confrontation and pragmatism with equality, which have been upheld by organizers, such symposiums have made great achievements. The dialogue mechanism for human rights topics between China and Germany has helped construct a common, accessible and interactive platform for pushing forward human rights legal advancement in both countries, which has brought about a positive influence on the develop- ment of the human rights cause in the two countries. Strengthening legal construction and ensuring hu- man rights are not only the shared aspiration of all the people in the world, but also the irreversible his- torical trend of human civilization. The symposium, with the theme of international law and human rights protection, encourages participants to discuss and share theories and practices in human rights studies, which makes a significant contribu- tion to enriching the modern human rights concept and building a new type of international cooperation. The international community always pays great attention to the relation- ship between human rights and legal governance. China always abides by international human rights con- ventions including the Universal Declaration of Human Rights, which set up fundamental principles for promoting and ensuring human rights, and has endorsed 26 inter- national human rights conventions such as the International Covenant on Economic, Social and Cultural Rights. Meanwhile, China, through legislation, jurisdiction and admin- istration, brings into full play the active role of international human rights conventions in ensuring hu- man rights in the country.

The Guiding Principles of the Cause of Human Rights in China in a New Era

The report of the 19;Communist Party of China National Congress is a document with an important historical position and unique historic contribution in the history of the People’s Republic of China and the great rejuvenation of the Chinese nation.The report can be roughly divided into two parts:general principles and substantial content.The general principles comprise four issues,which are judgment of

An Analysis of the Human Rights Principles under UNGC

range of new social and economic challenges is facing the world following the end of the Cold War inthe 1990s, which come along with the progress of globalization. The United Nations hopes to get global businesses involved in this process by boosting corporate citizenship. Meanwhile, the world body, for the sake of its own development, tries to expand its influence in such a way as to encourage not only state players but also non-state players worldwide to adopt sustainable and socially responsible oolicies.

Imploding the Mirage: The Yogyakarta Principles and the New Era of Globalization

The aim of the article is to examine the role of the Yogyakarta Principles in the new era of globalization.The Principles could be assimilated for their modesty and multiple points of entry in the global system.However,they have not necessarily created formal protections for sexual minorities that keep being abused globally because conservative elites share goals and tactics among themselves to repress these minorities.

On the Relations Between National Security and Human Rights Defined in the Constitution of the People’s Republic of China

Counterterrorism,de-radicalization and anti-violence are the major tasks of the international community.As the arch enemy of human rights,terrorism destroys the constitutional order and endangers people’s lives,freedom and safety.It is the obligation of modern countries and the core value of legal states to safeguard human rights.Human rights should be effectively safeguarded under the premise of building a sound constitutional order and national security.public order and social stability foster a sound environment for the protection of human rights.In the face of terrorism’s severe threat to human rights,all countries are re-examining the order of human rights values and seeking mechanisms and procedures to balance National Security and Human Rights through their constitutions.The concepts of human rights and social order and the ways to explain the two are different due to different constitutional systems and cultural and religious traditions.However,they do have something in common,that is,counterterrorism and de-radicalization do not conflict with human rights protection.Efforts should be made to foster a view of human rights based on security and a view of security based on human rights,and a dynamic principle of proportionality established for counterterrorism and human rights protection,so endowing the traditional principle of proportionality with flexible,rich value connotation.

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“Erga Omnes”of the Protection of Fundamental Human Rights and the“Complementary Protection”of Refugees Not Prescribed by the UN Convention Relating to the Status of Refugees

The United Nations Convention Relating to the Status of Refugees 1951 and its Protocol in 1967 set Four Essentials to limit the definition of "refugee". The concept of complementary protection emerged in academia and practice for those who, though they do not have the essentials,are in need of protection. Complementary protection is considered not only a moral obligation, but also a legal obligation. Although as the result of developing the principle of "non-refoulement" in international law, "complementary protection" should be limited when economic and social rights are concerned. The development of the non-refoulement principle and the emergence of "complementary protection" are based on the Erga Omnes of human rights. The International Court of Justice has restricted the emergence and evolvement of obligations Erga Omnes within the scope of obligations concerning fundamental and non-derogable human rights, and therefore,the application of "complementary protection" in protecting economic and social rights has been limited. Only when the unbalance of economic and social rights has been serious enough to impact other fundamental human rights will the obligation of "complementary protection" ensue.

Basic Rights Intervention in the Obtainment of Digital Data as Evidence in Criminal Case——An Analysis Based on Six Typical Cases

Electronic data is the most frequently used evidence in the internet and information era.Electronic data has been applied extensively and can be classified into many categories,which determine that electronic data contains all kinds off undamental rights.To clearly understand the fundamental rights contained in electronic data is an important precondition for respecting and protecting human rights in electronic data evidence obtainment.Property-type electronic data contain property rights.Traditional investigation measures such as seizure and freezing the property cannot be taken to obtain valid evidence.To directly turn the digital currency into cash and then seize the cash,will result in insufficient property rights protection,and may violate other fundamental rights of criminal suspects.The expansion of the object of the right to privacy and the change of the carrier on which the expansion depends in privacytype electronic data,determine that the obtainment of the privacytype electronic data evidence may result in intangible intervention and secondary intervention in the right to privacy.Communicationtype electronic data contains freedom of communication and the right to communication secrecy.Investigative organs can collect this kind of electronic data through search,acquisition,remote investigation and examination,and other means.However,according to the existing institution design,the above-mentioned means may result in insufficient protection of freedom of communication.Expressiontype electronic data contains freedom of expression.If investigative organs collect this kind of data,they may intervene in freedom of the press though they do not intervene in narrowly defined freedom of expression.The basic principles that should be followed in the electronic data evidence obtainment which intervenes in fundamental rights include the doctrine of legal reservation,the writ system,the principle ofp roportionality,and illegal evidence exclusion.

Practical Effects and Theoretical Significance of Enterprises’Human Rights Policies——Taking Fortune Global 500 as an Example

The United nations guiding Principles on Business and human Rights requires enterprises to formulate human Rights policies and specify criteria for content and form to fulfill their responsibilities in this area.Research into the human rights policies enacted by the Fortune global 500 enterprises in 2021 reveals aclearl trend and the great practical and theoretical significance of enterprises’human rights policies can be identified.In practice,the widespread application of international human rights norms to enterprises’human rights policies is becoming a universal corporate practice that incorporates both formulation and implementation mechanisms,but there are distinct differences in the application of international human rights norms by enterprises from different countries and industries.Meanwhile,the trend in applying these enterprises’human rights policies reveals a key theoretical significance,i.e.,the trend toward the privatization of human rights norms is breaking away from the theoretical basis of“public law”in the traditional international human rights law.The social norms,including international guidelines and industry norms,are being transformed into“hard law”;and the effect of domestic legislation on enterprises’responsibilities in human rights in other countries transcends national borders and suggests new theoretical possibilities for the extraterritorial extension of a country’s legal will.While enterprises’human rights policies may have become customary rules for international business,there are still many limitations and challenges to their application,which may also pose limitations to their practical effects and theoretical significance.Recommendations are made in the hope that the Chinese government and enterprises will pay attention to the significance of enterprises’human rights policies and improve their understanding and application of the policies to promote global human rights governance in a more equitable,just,reasonable,and inclusive direction.

An Academic Summary of the International Conference Series on “The Role of the Proportionality Principle in the Pandemic Prevention and Control”

Against the background of a complicated global pandemic situation and normalized pandemic prevention and control in China,leading human rights scholars from China,North America and Eurasia conducted fruitful discussions on the human rights jurisprudence during pandemic through the lens of the proportionality principle at the Sixth Session of the International Seminar Series on"Global Pandemic Prevention and Control and Human Rights Protection",which was organized by the Center for Human Rights Studies of Renmin University of China,under the guidance of the China Society for Human Rights Studies.Focusing on the pandemic-related human rights conditions and legal challenges in global context,participating scholars examined the role of the proportionality principle during the containment of COVID-19 in six topical dimensions,including the normative utility,practical logic,reasonable limits,necessary measures,balancing of interests,and proportional jurisprudence in the post-pandemic era.In oder to cohere human rights jurisprudence for the development of a global community of health for all,this international seminar fostered five fundamental proportionality consensuses from five interrelated perspectives,involving human rights—rule of law—balance—contexts—trends".

Development of the Principle of International Solidarity and the Contribution of China

International solidarity is a fundamental value upheld by the united nations as well as a principle of international law recognized by independent experts on human rights The values and principle of international solidarity have played an important role in promoting human rights, improving the international economic order, driving sustainable development, and tackling global challenges, and they have gained wide support from most developing countries As unilateralism and protectionism continue to spread, global governance and multilateral cooperation are under threat Against this background, the united nations calls for the spirit and principle of international solidarity and the promotion of solidarity rights, including the right to development, and encourages the countries to safeguard global public health through joint actions and to avoid discrimination The concept of a community with a shared future for human beings proposed by China embodies international cooperation, mutual learning and exchanges, and collective efforts to promote and safeguard human rights It has made a positive contribution to enriching and boosting the principle of international solidarity and demonstrated the wisdom and responsibility of China as a major country.

A Judicial Empirical Study on the Principle of “the Best Interests of the Child”——From the Principles of National Conventions to the Building of Adjudication Norms

“The best interests of the child”is an essential principle of the Convention on the Rights of the Child.Due to the abstractness and ambiguity of this principle,its application is inevitably subject to the judge’s personality.Through empirical analysis,we can find that the judicial documents invoking the principle of“the best interests of the child”by Chinese courts show a significant increase in the number of disputes,types of disputes,and pronounced regional characteristics.The application of this principle by the courts is highly consistent with the judicial interpretative documents issued by the Supreme People’s Court.The invocation of this principle plays the role of interpreting the provisions of the law,the value basis for discretion,and the value orientation for shaping new rules in adjudication.At the same time,it is plagued by a lack of guidelines for the application of principles,invocations that serve the will of judges,and imperfect thinking in weighing the various factors involved.The application of this principle should be improved by setting normative standards for the principle of“the best interests of the child”,increasing case guidance for invoking the principle,and enhancing the professionalism of judges.

The Human Rights Legislation Practices of the Communist Party of China During the War of Liberation

During the War of Liberation,the liberated areas,under the leadership of the Communist Party of China,kept deepening and developing the concepts and ideas of protecting human rights,promulgated a series of human rights laws and related administrative programs,and put them into practice.The contents included not only the political rights of citizens but also their economic,social,and cultural rights,with emphasis on the protection of the rights to subsistence and development.The human rights legislation in the liberated areas has a wartime and class-based nature due to its social environment.It reflects the transition of the Communist Party of China from a revolutionary party to a ruling party on the historical stage.It played an important role in directing,advancing,and promoting the progress of democracy and the rule of law at that time and accumulated experience for the human rights legislation after the founding of the People’s Republic of China.History proves that the Communist Party of China has always been a political party dedicated to fighting for the human rights of the Chinese people,and only the Communist Party of China can lead China’s human rights development to a deeper level.

THE OPTIMAL CONTROL OF DELAY CONTROL SYSTEMS WITH RESTRICTED STATE RIGHT ENDPOINT

In this paper, for the delay control system: (x) over dot (t)=f[x(t), x(t-1), u(t), t] t is an element of[t(0), t(1)] x(t)=psi(t) t is an element of[t(0), t(1)] with state right endpoint restricted by condition psi(k)[x(t(1))]=0 (k=1,2,..., l) a maximum principle is given. And as a specific example, this paper gives a maximum principle under the condition that partial stares right endpoints be completely fixed. Finally, this paper gives an example to explain the application of the main result of this paper. All the results are suitable for the control systems with multidelay as well.

The Discussion of the Compensation Ability Terms on Traffic Accident Crime

In 2000, the interpretation of the specific application of law on the trial of traffic accident criminal cases was issued by the Supreme People＇ s court. The second article and the fourth article in the judicial interpretation take the ＂no ability of the amount of compensation＂ as conviction and aggravated punishment standard after the traffic accident, causing the academic community fierce controversy. This article briefly states the publishing background, applicable conditions, defects and its positive significance of the two provisions. This paper nresents the immature modification suggestions for the two nrovisions.

On the Right to the Protection of Personal Data as a Constitutional Right

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.

Macro Characteristics of Human Rights Legal Principles for Ethnic Minorities in New China

In this paper, ethnic minorities refer to the 55 minorities other than the Han ethnic group with- in the borders of the People＇s Republic of China; human rights mean the human rights connotations within the ken of international human rights laws; legal principles mean the principles that all authoritative organizations, legislative organs, administrative departments, judicial organs and other departments should obey.

外国船员工资索赔:诉讼和仲裁之间的选择——评美国联邦第九巡回法庭the“Rogers v.Royal Caribbean Cruise Line”案

简要介绍美国联邦上诉法院第九巡回法庭the"Rogers v.Royal Caribbean Cruise Line"案的案情,回顾美国国会对船员在法院诉讼追偿工资的法定保护和支持执行《纽约公约》下仲裁的两个政策的历史背景以及法庭判案所遵循的先例,按照对案件争议点的审理思路,逐一分析法庭对船员雇佣合同中仲裁协议是否被美国《联邦仲裁法》排除条款排除、《公约法案》和《联邦仲裁法》发生冲突时的优先适用、仲裁协议是否合理以及仲裁条款是否符合公共利益的推理过程,论证法院判决的合理性,提出与判决相反的可能性解释,从而得出结论:出于权衡国会相互冲突的政策的目的,法院判决强制执行仲裁。最后,提出该案例对中国船员立法的借鉴意义。

China's Statutory Provisions on Ensuring Human Rights

China has since 1978 promulgated more than 440 laws and regulations and more than 40 of them contain clear-cut provisions on human rights. Political right Political right is the most important human rights. China’s Constitution provides that the Chinese citizens enjoy freedom of speech, press, assembly, association, procession and demonstration.