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The Theoretical Logic of the Right to Security
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作者 HE Zhipeng JIANG Yu 《The Journal of Human Rights》 2024年第4期747-775,共29页
The growing significance of security issues has expanded the necessity and possibility of recognizing and achieving the goal of security from the perspective of human rights.Combined with socio-cultural and historical... The growing significance of security issues has expanded the necessity and possibility of recognizing and achieving the goal of security from the perspective of human rights.Combined with socio-cultural and historical dynamics,human rights can be construed as the needs of people to which social authorities should and can respond,and their mechanism depends on“the alignment between people’s intrinsic needs and the social resources available.”Security,as a significant part of people’s intrinsic needs,should be supported by social resources;social authorities at all levels have the duty and potential to support people’s security needs.Thus,security has the socio-cultural basis to be considered as a branch of human rights.Once the human rights attribution of security has been established,further consideration is required for its place in the human rights spectrum.When analyzing the existing set of human rights,we can classify them based on the subject,the object,or the goal.The right to security is more appropriately classified within the dimension of goals,thereby being placed alongside the right to subsistence and the right to development.Integrating security into human rights can resolve the relationship between the right to security and other human rights using the theoretical framework of rights conflict,rights hierarchy,and rights system ranking,thereby avoiding the tendency to curb the security needs of countries and individuals by ideologizing human rights. 展开更多
关键词 human rights SECURITY the right to security human rights spectrum human rights classification targeted human rights
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The Rights Logic of Common Prosperity:Structure,Evolution,and Path to Implementation
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作者 王德志 王必行 CHEN Feng 《The Journal of Human Rights》 2023年第3期531-557,共27页
The concept of common prosperity embodies the right of the people to a happy life,which is in line with General Secretary Xi Jinping’s proposition that“the people’s happiness is the greatest human right.”Its right... The concept of common prosperity embodies the right of the people to a happy life,which is in line with General Secretary Xi Jinping’s proposition that“the people’s happiness is the greatest human right.”Its rights structure has the attributes of collective rights,reflecting the people’s pursuit of material civilization,spiritual civilization,harmony,beauty,and other social values.The realization of these rights is based on individual diligent labor and also entails human rights responsibilities of the state and society.Since the Third Plenary Session of the 11th Central Committee,China has pursued the basic policy of reform and opening-up,dismantling institutional barriers that hindered the development of productivity and the full realization of rights.This has stimulated the initiative,enthusiasm,and creativity of the people in their endeavors and entrepreneurship,leading to a historic leap from standing up to becoming prosperous.The living standards of the people have greatly improved.In the new journey toward achieving the second centenary goal,China should follow the important discourse of General Secretary Xi Jinping on respecting and protecting human rights,take the path of socialist human rights with Chinese characteristics,and better meet the growing aspirations of the people for a better life in the pursuit of high-quality economic development. 展开更多
关键词 common prosperity the right of the people to a happy life the right to subsistence protection of human rights
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Theory on Introducing a Mandatory Attorney System into Civil Litigation from the Perspective of the Protection of the Right of Action
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作者 苏志强 QIAN Chuijun 《The Journal of Human Rights》 2023年第2期373-394,共22页
As an important rectifying mechanism to the involved parties-oriented civil litigation model,the mandatory attorney system requires the involved parties of a lawsuit to appoint a lawyer to represent them in the litiga... As an important rectifying mechanism to the involved parties-oriented civil litigation model,the mandatory attorney system requires the involved parties of a lawsuit to appoint a lawyer to represent them in the litigation,otherwise they will be rejected because the litigation requirements aren’t met.This seems to restrict the litigants’right to initiate a lawsuit by themselves.Through the arrangement of the system for the participation of lawyers in some litigation procedures,stages,and cases,coupled with the legal principle of litigation costs,the litigation costs sharing mechanism,legal aid,and other related supporting systems,it is not only a substantive guarantee for the litigants’right of action,but also can even strengthen the protection of the litigants’right of action in civil litigation.Based on the need to effectively protect and strengthen the litigants’right of action,combined with its civil litigation system and judicial operation environment,China should adopt a phased and gradual strategy to introduce and implement the mandatory attorney system in civil litigation while constantly improving its lawyer system,litigation costs system,legal aid system,and other related supporting systems. 展开更多
关键词 mandatory attorney system protection of the right of action lawyer system legal aid system
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Practical Logic and Discourse Interpretation of China’s Efforts to Safeguard the Right to Subsistence
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作者 魏晓旭 《The Journal of Human Rights》 2023年第4期722-747,共26页
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 subsistenc... 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. 展开更多
关键词 the right to subsistence white papers on human rights progress human rights practices human rights discourse
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The Conflict and the Balance between the Right to Development and the Right to the Environment——Perspective and Reflection Based on China 被引量:1
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作者 李红勃 《The Journal of Human Rights》 2017年第1期82-91,共10页
The right to development and the right to the environment are both third generation rights, closely related to human development and world peace. For developing countries, there is a de facto conflict between the righ... The right to development and the right to the environment are both third generation rights, closely related to human development and world peace. For developing countries, there is a de facto conflict between the right to development and the right to the environment, which leads to serious consequences. To coordinate development and the environment, developing countries should shift their pattern of development, take the path of sustainable development and realize environmental protection and ecological balance while promoting economic growth. 展开更多
关键词 the right to development the right to the environment Declaration on the right to Development
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The Legal Guarantee of the Right to Education Perspective of Completing the Building a Moderately Prosperous Society in All Respects
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作者 滕锐 XIANG Na(译) 《The Journal of Human Rights》 2020年第5期603-619,共17页
As we review the historical process of completing the building a moderately prosperous society in all respects,the rule of law through the right to education,which has played a leading and guaranteeing role in this pr... As we review the historical process of completing the building a moderately prosperous society in all respects,the rule of law through the right to education,which has played a leading and guaranteeing role in this process,has not only made great achievements,but also set the direction and path for the development of the education system and unleashed education’s momentum in driving social development.The rule of law through the right to education has been established and developed during the great practice of reform and opening-up.After we achieve the goal of realizing all-round moderate prosperity,it is necessary to straighten out the internal mechanisms concerning its next-step development and codify educational laws in order to further promote human rights progress in China. 展开更多
关键词 completing the building a moderately prosperous society in all respects the right to education the legal guarantee of the right to education human rights CODIFICATION
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The Overall Elevation of Protecting the Right to Education in China——A Case Study of the Right to Education in Tianjin Municipality
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作者 XUE JINWEN 《The Journal of Human Rights》 2013年第6期29-37,共9页
As one of the fundamental social rights, the right to education not only con- ,cerns the fact that the educated can equally enjoy educa- tional opportunities, but also lays the foundation for exercising their rights i... As one of the fundamental social rights, the right to education not only con- ,cerns the fact that the educated can equally enjoy educa- tional opportunities, but also lays the foundation for exercising their rights in other aspects, such as employ- ment, politics, culture and society, therefore creating the conditions for realizing the all-round development of human beings. During the process of social construction in China, we have attached great significance to protecting citizens' rights to receive education, thus ensuring the prior- ity of developing education in our nation. Meanwhile, 展开更多
关键词 A Case Study of the right to Education in Tianjin Municipality the Overall Elevation of Protecting the right to Education in China
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President Xi's Congratulatory Letter to the “International Symposium on the 30^(th) Anniversary of the Adoption of the UN Declaration on the Right to Development” 被引量:3
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作者 Xi Jinping 《The Journal of Human Rights》 2017年第1期3-4,共2页
On the occasion of the 30thanniversary of the adoption of the United Nations’ Declaration on the Right to Development,representatives from various countries have gathered in Beijing to attend the "Sharing the De... On the occasion of the 30thanniversary of the adoption of the United Nations’ Declaration on the Right to Development,representatives from various countries have gathered in Beijing to attend the "Sharing the Development:Create More Benefits 展开更多
关键词 Anniversary of the Adoption of the UN Declaration on the right to Development International Symposium on the 30 President Xi’s Congratulatory Letter to the th UN
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The Path and Reflection of the Right to be Forgotten in China 被引量:1
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作者 刘雁鹏 NI Weisi(译) 《The Journal of Human Rights》 2018年第4期411-426,共16页
With the development of the internet, the right to be forgotten recognized by the EU has gradually entered the research field of Chinese academia. Since then, Chinese scholars have analyzed the necessity and feasibili... With the development of the internet, the right to be forgotten recognized by the EU has gradually entered the research field of Chinese academia. Since then, Chinese scholars have analyzed the necessity and feasibility and also the possible ways in which the right to be forgotten might be safeguarded. However, the argument of the right to be forgotten and its path deserve to be further discussed. The right to be forgotten is not a solution to the violation of personal information in China because our domestic systems and practices have allowed individuals to delete online information and the construction of the forgotten right with the right of personal information as the core may hinder the development of the Internet. This article suggests that the introduction of the right to be forgotten should follow China’s national conditions and should be constructed with privacy as the core in the system design, and the content should further clarify personal data. The subjects of data should be differentiated in specific implementation and the scope of application should encompass the criminal field. 展开更多
关键词 INTERNET the right to be forgotten LEGISLATION
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The Declaration on the Right to Development as a First Step towards a Comprehensive Southern Vision on Human Rights 被引量:1
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作者 Tom ZWART 《The Journal of Human Rights》 2017年第1期50-61,共12页
Having proper sanitation and hygiene, access to affordable health care and enough food on the table are the basic conditions for a dignified life. This link between human dignity and the right to development was made ... Having proper sanitation and hygiene, access to affordable health care and enough food on the table are the basic conditions for a dignified life. This link between human dignity and the right to development was made very persuasively already in the White Paper on human rights, issued by the State Council of P.R.C. in 1991. The Declaration on the right to development can be considered the first successful joint action undertaken by Southern states in the area of human rights. The Declaration was based on Southern scholarship, such as the pioneering research conducted by the Senegalese jurist Kéba M’baye. And its adoption was the result of joint stage management performed by diplomats from different continents. Therefore the Declaration serves as a source of inspiration for the work of drafting a Comprehensive Southern Vision on human rights. The Vision document will lay out a common Southern outlook on human rights issues as an elaboration of the Universal Declaration. 展开更多
关键词 Declaration on the right to development Comprehensive Southern Vision Universal Declaration of Human rights Global South
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Sirolimus-eluting stent fractures associated with aneurysm and very late stent thrombosis in the right coronary artery
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作者 Gary S.Mintz Stéphane G.Carlier Martin B.Leon 《上海医学》 CAS CSCD 北大核心 2007年第z1期226-229,共4页
  Although the occurrence of coronary stent fracture is rare,recent reports showed that stent fracture after sirolimus-eluting stent(SES)implantation may be associated with neointimal hyperplasia and restenosis.We r...   Although the occurrence of coronary stent fracture is rare,recent reports showed that stent fracture after sirolimus-eluting stent(SES)implantation may be associated with neointimal hyperplasia and restenosis.We report two cases of stent fracture that occurred late after elective SES implantation into the right coronary artery(RCA)that were related to the aneurysm,restenosis,thrombosis,and vessel occlusion.…… 展开更多
关键词 IVUS Sirolimus-eluting stent fractures associated with aneurysm and very late stent thrombosis in the right coronary artery RCA FIGURE BMS
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Relations between Environmental Right for Citizens and the Right to Use Environmental Resources owned by Company and Enterprise
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作者 Li Yinquan China Grain Research and Training Center, Beijing 100801, China 《Chinese Journal of Population,Resources and Environment》 北大核心 2005年第3期61-63,共3页
From angles of administrative law and private law, the article analyzes relations between environmental right for citizens and the right to use environmental resources owned by company and enterprise and points out th... From angles of administrative law and private law, the article analyzes relations between environmental right for citizens and the right to use environmental resources owned by company and enterprise and points out three principles to balancing two relations: A principle of equal protection, a principle that general interest is superior to special interest as well as taking an account for special interest, in specific circumstances, for example, in the circumstance that clashes between environmental and economic interests can not be avoided, policy makers can put an emphasis on more important social interest according after considering weight of each interest. Finally, the article reaches a conclusion that China should establish system of environmental right for citizens from legislative and administrative levels so that a harmonious society can be constructed with guarantee. 展开更多
关键词 environmental right for citizens the right to use environmental resources Company and enterprise
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Cholesterol granuloma of the right epididymis mimicking an acute scrotum
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作者 Borislav Spajic Hrvoje Cupic +3 位作者 Goran Stimac Ivica Brigic Bozo Kruslin Ognjen Kraus 《Asian Journal of Andrology》 SCIE CAS CSCD 2006年第6期749-750,共2页
Dear Sir, I am B. Spajic, the urologist from Clinical Department of Urology, Sestre Milosrdnice University Hospital, Zagreb, Croatia. Recently, we had a rare case of a cholesterol granuloma of the right epididymis at... Dear Sir, I am B. Spajic, the urologist from Clinical Department of Urology, Sestre Milosrdnice University Hospital, Zagreb, Croatia. Recently, we had a rare case of a cholesterol granuloma of the right epididymis at our department, showing clinical signs of acute scrotum. The case described here appears to be the second reporting cholesterol granuloma in the epididymis and the first one presenting with clinical signs of acute scrotum. 展开更多
关键词 BODY Cholesterol granuloma of the right epididymis mimicking an acute scrotum
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Rise of the Right and Regression of the Left in Latin America
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作者 Fang Xufei 《Contemporary International Relations》 2018年第1期66-78,共13页
Though the turn to the right in Latin America will continue over the short term, the left has not diminished and its resurgence remains possible. The political situation in Latin America has undergone dramatic changes... Though the turn to the right in Latin America will continue over the short term, the left has not diminished and its resurgence remains possible. The political situation in Latin America has undergone dramatic changes since 2015, when an ebbing of the"pink tide"and rise of the right in several countries occurred, coupled with US support to the right.Flexible political strategies and rightists' political pragmatism are occurring as the continent's middle class expands, coupled with US support to the right. Some conditions that promote the right's revival remain operative, but for the new right regimes, addressing economic vitality, the wellbeing of the poor, corruption, and divisions from within are imminent challenges against which a left resurgence has competitive ground. 展开更多
关键词 the Left the right Latin American politics
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The significance of the right to resistance in the construction of the rule of law
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作者 SHI Ziheng 《International English Education Research》 2017年第6期42-44,共3页
The establishment of the right to resistance in the constitutions in western countries has its constitutional background and the original intention of granting the right to the citizens to restore the constitutional o... The establishment of the right to resistance in the constitutions in western countries has its constitutional background and the original intention of granting the right to the citizens to restore the constitutional order so as to prevent the tyranny. It is itself an integral part of the order of the rule of law. However, the establishment of this right itself is not guaranteed by the relevant legal systems. Even in the countries ruled by laws that stipulate the right to resistance of the citizens, the system is a quite threatening "double-edged sword" to the order of the rule of law. If it cannot be well regulated, it will even destroy the rule of law. There^bre, the right to resistance of the citizens has its positive significance to the construction of the rule of law, but its negative significance is inevitable. Especially in the environment of today's China, we should be more cautious to fit the right to resistance into our constitution. 展开更多
关键词 the right to resistance the rule of law CONSTITUTIONALISM
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Three Gorges Project on Due Schedule─ Open Diversion Channel on the Right Bank Completed
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《Electricity》 1997年第3期17-17,共1页
关键词 Project Open Diversion Channel on the right Bank Completed Three Gorges Project on Due Schedule
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China's Theoretical Innovation and Practical Contribution to the Right to Development——In Commemoration of the 30^(th) Anniversary of the United Nations' Declaration on the Right to Development
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作者 汪习根 《The Journal of Human Rights》 2017年第1期5-23,共19页
The discourse power over the right to development is the basis for value consensus and practical effect of the right to development. Over the three decades since the adoption of the United Nations' Declaration on ... The discourse power over the right to development is the basis for value consensus and practical effect of the right to development. Over the three decades since the adoption of the United Nations' Declaration on the Right to Development, China has developed an innovative discourse system and practices on the right to development and contributed a series of original new concepts, new propositions and new ideas to the right, which may be generally summarized as ten major aspects: in terms of orientation, the right to development is a primary fundamental human right; in terms of the nature, the right to development is an essential requirement of socialism; in terms of strategy, the right to development is to be implemented through the strategy that 'development is the primary task'; in terms of contents, we should realize the right to development integrating economy, politics, culture, society and ecological conservation; in terms of concept, we propose that people equally participate in the equal right to development; in terms of principle, we should stick to the people-centered orientation of the right to development; in terms of steps, we should enhance the right to development in the Chinese dream for the great revitalization of the Chinese Nation; in terms of focus, we should construct a fair social security system; in terms of method, we should promote the right to development by the idea and method of rule of law; in terms of ideas, we should guide the right to development by an innovative, coordinated, green, open and sharing outlook on development. 展开更多
关键词 the right to development DECLARATION thirtieth anniversary discourse system
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On the Right to a Happy Life as a Human Right
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作者 刘志强 闫乃鑫 YU Jiangyue(Translated) 《The Journal of Human Rights》 2020年第6期819-836,共18页
A happy life is the pursuit,enjoyment,and realization of ever more complex needs in a circular way under objective conditions In terms of its constituent elements,the right to a happy life,as a human right,not only ha... A happy life is the pursuit,enjoyment,and realization of ever more complex needs in a circular way under objective conditions In terms of its constituent elements,the right to a happy life,as a human right,not only has the characteristics of moral rights,universal rights,and rights of prevention and cooperation but also contains the three spiritual values of human rights From the perspective of the genealogy of human rights theory,the right to a happy life as a human right is a new human rights bundle with basic,comprehensive,and complex characteristics From the perspective of the basic structure,the right to a happy life,as a human right,constitutes its subject,content,and nature First and foremost,basic human rights stand for consensus at the current primary stage They are fundamental and preliminary,and they are relativistic concepts The largest human right,however,is characterized by complexity,inclusiveness,and systematism,and is an absolute concept From the basic human rights to the largest human rights is a classic expression in different stages of China’s human rights construction It is not only the obligation and commitment in human rights practice,but also a summary of human rights theory,and more importantly,an important theoretical achievement of China’s human rights development in the new era. 展开更多
关键词 the right to a happy life human rights basic rights comprehensive rights COMPLEXITY
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What is the Right Import Price for a FICE
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作者 Robert Smith 《中国经贸》 2006年第9期63-65,共3页
关键词 What is the right Import Price for a FICE
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The Theoretical and Practical Extension of the Right to Health
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作者 王晨光 XU Chao(Translated) 《The Journal of Human Rights》 2021年第4期560-574,共15页
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,go... 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. 展开更多
关键词 the right to health theoretical update historical development practical manifestation
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