The Role of Human Rights Organizations in China: CSHRS' Case

In China, there are many human rights organizations, because of their focuses and priorities related to human rights. China Society for Human Rights Studies(CSHRS) is the largest of them, which focuses on human rights research, popularizing and international exchanges. This paper takes CSHRS as an example to show the role of the human rights organizations play in China. From the practice of CSHRS, we can see the human rights organizations in China play a kind of constructive role through involving in very broad fields and engaging in the various activities of human rights protection. Their works include participating in drafting the National Human Rights Action Plans, giving constructive suggestions, working in human rights education, engaging in international exchanges and cooperation, taking part in the work of UPR, raising fund and implementing projects, and so on. They are trying hard to contribute to improve human rights situation in China.

The Contribution, Experience and Risk Control of Social Organizations’ Participation in Global Human Rights Governance

As the"third sector",social organizations are increasingly involved in human rights affairs in the era of governance through cooperation.They play an important role in the construction of a human rights community with the core of"common human values",and together with the government and other relevant subjects,they become the guarantors of human rights.By sorting out the main contributions of social organizations and successful experiences participating in human rights governance,it can be seen that they timely support relevant policies and laws and the participation through certain modes are successful experiences of social organizations in participating in human rights governance.Under the guarantee of the mechanism of effectiveness and risk control along the whole chain before,during and after the process,these contributions and experience will provide better Chinese experience and Chinese programs to promote global human rights governance and the progress of human rights cause in the world.

A Modified Right Helicoid Can Simulate the Inner Structure of the Cochlea in the Hearing Organ of Mammals

The purpose of this study is to develop a mathematical model of the spiral basilar membrane in the center of the cochlea, which plays an important role in the mammalian auditory system. The basilar membrane transmits sound vibrations, which are converted into electrical potential changes by the inner hair cells. The basilar membrane is thought to lie on a locally undistorted curved surface because the inner hair cells, which are arranged in an orderly fashion on the basilar membrane, respond to their location-specific frequencies. In mammals, the number of rotations of this surface and the rate of change of its width with each rotation are different. It turns out that by modifying the right helicoid, we can obtain a mathematical model that satisfies these points. In conclusion, even though the three-dimensional structure of the basilar membrane varies among species, this model can reproduce this structure. This further suggests that there are common genetic determinants of cochlear development in mammals. From a practical standpoint, this may be useful for creating cochlear implants.

Survey on the Peasants' Will of Forest Land Transfer in the Reform of Collective Forest Right System——On the Case of 180 Peasant Households in Lishui City of Zhejiang Province

Taking sample survey in the eighteen villages of Yunhe, Longquan and Qingyuan County of Lishui City of Zhejiang Province, the results show that the forest land transfer of sample peasants is mainly transfer-out, the private treaty of forest land transfer is the main pattern of most peasant households, forest right trading market hasn't got wide approval in peasants, peasants' dependence on land is reducing, and so on. Through analysis, the reasons of influent transfer of forest land include peasant's subjective will, less type of transfer objects, dull information communication, big difference of expected price and imperfect development of intermediary organization. In order to promote a healthy development of forest land transfer, the paper puts forward proposals of strengthening policy publicity, improving system, identifying property right, pushing variety of transfer types, developing forest land market, cultivating subject of market and so on.

Challenges and New Directions of Information Accessibility for Persons with Disabilities in China: From the Perspective of the Convention on the Rights of Persons with Disabilities

Accessibility is the basis and prerequisite for persons with disabilities to enjoy and exercise all human rights and fundamental freedoms With the rapid development of the internet, providing and promoting information accessibility is considered an important obligation for the State In the process of transforming international human rights law into domestic law, how to deal with the human rights protection of persons with disabilities and the obligations of the private sector to ensure persons with disabilities receive services and products that meet the requirements and principles of information accessibility has become a development issue in the new era Against the backdrop of the Convention on the Rights of Persons with Disabilities and in the context of the booming development of the cause of persons with disabilities in China, legal scholars, persons with disabilities, and organizations have jointly proposed the Beijing Initiative on the Principles of Information Accessibility for Science and Technology Products It clarifies that the private sector should embrace the human rights model advocated by the Convention in terms of information accessibility, and provide equal participation for persons with disabilities in the process of designing, producing and selling scientific and technological products The Initiative also states that the private sector should keep pace with the United Nation’s sustainable development goals and the basic national policy of building a well-to-do society in an all round way, ensuring persons with disabilities are included within a moderately well-off society It also provides civil opinions on the formulation and clarification of relevant laws in the future.

The National Formation of the Right to Health:Taking Broadcast Gymnastics as an Example

Broadcast gymnastics,which was initiated in 1951,is one of the most widely adopted and popular mass sports activities in China,embodying the country's commitment to shaping the right to health of its citizens.The history and development of broadcast gymnastics are closely tied to the destiny of the nation,reflecting clear national will,and aiming to achieve the goal of“shaping new individuals”.The institutional forms of broadcast gymnastics can be categorized into three stages:“military simulation”,“administrative reinforcement”and“market competition”,each of which aligns with the objectives and needs of different periods.Taking the establishment and promotion of broadcast gymnastics in China as a focal point helps construct a doctrinal framework for the right to health.Based on the purposes and means of health shaping,the implementation of the right to health can be divided into four types:national health projects,citizens'health rights,the social health industry,and civic health consumption.National health projects,facilitated by legislative mechanisms,provide institutional support and supply for citizens'health rights.The right to health,as a social right,has both a subjective rights orientation and an objective value order orientation,thus establishing the individual's subject status in terms of their right to health.Its defense aspect is oriented toward rejecting excessive state intervention,while the benefit aspect directly links to the state's payment measures.The boundaries of state power also need to be defined in the social health industry and civic health consumption.Hence,developing broadcast gymnastics involves adjusting its relationship with the overall objectives of the state and individual citizens'needs.It involves balancing the use of administrative and market methods,continually innovating sports programs that better suit diverse needs,and actively participating in the competition of the fitness market.

Generalizable items of quantitative and qualitative cornerstones for personnel requirement of physicians in anesthesia

Anesthesiologists perform a broad spectrum of tasks. However, in many countries, there is no legal basis for personnel staffing of physicians in anesthesia. Also, the German diagnosis related groups system for refunding does not deliver such a basis. Thus, in 2006 a new calculation base for the personnel requirement that included an Excel calculation sheet was introduced by the German Board of Anesthesiologists(BDA) and the German Society of Anesthesiology and Intensive Care Medicine(DGAI), and updated in 2009 and 2015. Oriented primarily to organizational needs, in 2015, BDA/DGAI defined quantitative and qualitative cornerstones for personnel requirement of physicians in anesthesia, especially reflecting recent laws governing physician's working conditions and competence in the field of anesthesia, as well as demands of strengthened legal rights of patients, patient care and safety. We present a workload-oriented model, integrating core working hours, shift work or standby duty, quality of care, efficiency of processes, legal, educational, controlling, local, organizational and economic aspects for calculating personnel demands. Auxiliary tables enable physicians to calculate personnel demands due to differing employee workload, non-patient oriented tasks and reimbursement of full-equivalents due to parental leave, prohibition of employment, or longterm illness. After 10 years of experience with the first calculation tool, we report the generalizable key aspects and items of a necessary calculation tool which may help physicians to justify realistic workload-oriented personnel staffing demands in anesthesia. A modular, flexiblenature of a calculation tool should allow adaption to the respective legal and organizational demands of different countries.

On Protection of Worker Rights by Union Organizations through Handling of Letters & Visits

Chinese trade unions have always been keen on devel- oping and protecting worker rights. Today, they have the task of helping build up harmonious labor relations. By working to properly handle letters and visits, union orga- nizations aim at resolving problems workers are most concerned with, problems that are most practical and affect the immediate interests of work- ers. The job is of great significance to the country＇s endeavor to ensure decent labor and social stability.

Human Rights Organizations in Transition Countries

The paper examines the challenges faced by the human rights organizations in the Arab region. It will focus on those challenges resulting from the radical changes that happened since 2011. It will also look into the prospective role of the human rights organizations in the future phases of the political transition.

Chinese Social Organizations Hold Side Meetings on Human Rights in Geneva

On November 5,2018,the 31st session of the twoweek UN Human Rights Council Country Human Rights Review Working Group opened in Geneva,Switzerland.In order to demonstrate China's tremendous progress and achievements in the field of human rights,social organizations from China jointly held two side meetings entitled "Human Rights in China:Development and Progress since Reform and Opening-up from NGOs' Perspective" and "China's Ethnic Minority Development and Human Rights Progress" at the Palais des Nations in Geneva,Switzerland.

China Society for Human Rights Studies Organizes Forum to Study and Implement Guidelines of 3rd Plenum of 18th CPC Central Committee

The China Society for Human Rights Studies （CSHRS） organized on Nov. 28 a forum to study and implement the guidelines of the third plenary session of the 18th Central Committee of the Communist Party of China （CPC）. Executive members of CSHRS and other CSHRS members in Beijing discussed improvement of judicial protection for human rights and legal construction in China. CSHRS President Luo Haocai, who was vice chairman of the 10th National Committee of the Chinese People＇s Political Consultative Conference, delivered a speech at the forum.

Can Quality of Content Be a Differentiator for Broadcast Programs？ A Case Study in Japan

This paper discusses the idea that the industry can have a differentiator of program quality by encouraging the activities of the Broadcasting Ethics ＆ Program Improvement Organization （BPO） in Japan. The BPO, a worldwide independent organization, has a mission of a breakwater against state power, and thus can be regarded as a kind of media accountability system, as proposed by Claude-Jean Bertrand. We review some controversial affairs in the TV industry and discuss BPO＇s activities aimed preventing ＂yellow journalism＂ and improving the quality of programming. High-quality content may be a differentiator for viewers faced with a choice of media, and thus, we focus on BPO and its role as a differentiator of the Japanese TV industry among the other, especially, Internet media. We also propose four ideas in response of critiques of BPO. Those are to strengthen transparency of governance of BPO, to improve the conformity of the TV industry to BPO＇s assessments of it, to establish a new committee to examine the whole concept of journalism, and to introduce a new certification institution to guarantee quality.

How China’s Procuratorial Organs Protect Human Rights

EDITOR＇S NOTE： Following is a transcript of an interview by the Human Rights magazine with Jing Dali, chief procurator of the Hubei Provincial People＇s Procuratorate. Jing talked about how China＇s procuratorial work protects human rights in his province and what will be done to improve it.

农村集体经济组织成员资格认定的逻辑脉络及其展开

农村集体经济组织成员资格认定是农村集体产权制度改革的基础性工作,集体所有权主体的确定是该问题研究的逻辑起点。集体所有权不具有共有和总有等所有权构造类型的特征,同时投资关系说和类比国有资本授权经营体制论都不能对农村集体经济组织的产生渊源进行合理解释。在民法规范语境下,应将农村集体经济组织确定为集体所有权主体。就成员资格和成员权利的关系而言,两者相伴而生,成员资格实质上是从权利主体角度对成员权的描述,为成员权在主体面向的表达。基于此,集体成员资格认定的法律实质是对农民所享有的集体经济组织成员权予以确权。我国农村传统经营方式决定了农户是基本经营单位,从逻辑上应当将家庭成员与以家庭为单位取得权益的关系确定为按份共有,集体经济组织成员权主体应为集体经济组织成员而非农户。城乡二元体制导致户籍这一本质上与成员权利取得不具因果关系的因素被纳入认定标准之中,其证明作用不应被忽视。在传统路径下,应构建以出生事实为核心、其他亲缘关系为辅助的主体判断路径,同时明确列举其他除外情形,形成正反双向的认定机制。在农村集体产权制度改革背景下,基于股权类型设置,集体固有成员与股份经济合作社股东在范围上并非完全一致,未来应以恢复农村集体经济组织和集体成员权的私法属性为目标,分阶段对农村集体经济组织成员权制度进行渐进性改革。

农地资源市场配置法律机制的完善

我国以土地承包经营权和土地经营权为基础的农地市场配置的法律机制,既存在市场机制的固有缺陷,也存在农村集体经济组织和集体土地所有权缺位的特定性局限。为实现市场对农地资源的有效配置,需充分发挥农村集体经济组织的民事治理作用和政府的市场管理与调控作用。应当完善农地市场民事法律机制,明确农村集体经济组织介入农户承包地经营权流转的法律地位和权利,扩大农村集体经济组织流转土地经营权的范围,完善农村集体经济组织的监督权利。应当完善对农地市场的管理调控法律机制,更好地发挥政府在农地用途管制、农业补贴政策和价格调控、产业政策引导、健全市场服务体系以及营造良好市场环境等方面的作用。

体育赛事转播的著作权法保护研究——以广播组织权为分析中心

对体育赛事转播的保护,司法实践倾向于采用将体育赛事节目认定为作品的方式,但该做法对“独创性”判断标准依赖较强,且与“著作权-邻接权”的二元区分逻辑也稍有相悖,难以用来规范赛事传播中的盗播行为。相较而言,广播组织权作为规制盗播的天然制度工具,能够较好地实现对传播行为的保护。但是,随着网络转播的普及,网播组织已成为赛事转播的重要主体,碍于其不属于广播组织者,导致广播组织权无法全面保护体育赛事转播。有鉴于此,可参照国际层面共识和立法经验,扩大广播组织权的主体保护范围,使网播组织能够适用《著作权法》第47条,以广播组织权为基础性保护手段,同时结合其他保护方式,全面保障体育赛事转播权益。

盗播体育赛事直播行为的刑法规制

盗播体育赛事直播行为侵犯合法直播人的经济利益,破坏市场竞争秩序,严重危害体育赛事产业发展。由于我国刑法立法缺乏相关规范,民事赔偿责任不足以有效遏制该行为,导致体育赛事转播知识产权保护不力,无法发挥刑法预防犯罪、规制行为的保障功能。为有效保护合法直播人的广播组织权,维护公平竞争的市场经济秩序,有必要对盗播体育赛事直播行为进行刑法规制。建议修改《刑法》第217条侵犯著作权罪,增加侵犯广播组织权的行为类型,以实现对该行为的刑法规制。该行为的犯罪化回应社会现实需求,满足法益保护需要,填补刑法立法漏洞,具有著作权法和政策基础。

《公司法》修改中治理制度的创新、不足及完善

组织设置不合理、权责配置失当、股东行权保障不足、信义义务内容过于抽象是引发我国公司治理实践出现诸多问题的症结所在。在《公司法》修改中,三份草案和修订案都赋予章程设定除股东会及董事会之外的其他公司组织的自主权。新法通过降低股东临时提案权行使门槛、优化知情权行使规则、细化信义义务内容等方式力保股东权行使顺畅。但优化后的公司治理制度仍然存在不足:审计委员会的职能内容、人员构成及保障独立性的手段不合理或缺失,股东提案审查、持股期限要求及救济途径不够具体,针对董事和控股股东的责任规则亟待完善。立法应明确审计委员会的监督职能,区分其与监事会的责权界限;规定股东会召集人作为提案审查主体,增设事前救济机制作为股东行权保障;确认控股股东在公司治理中的实质地位,并实行职权代行制度;还应通过立法强化控股股东的行权规范。

区域协调发展中的地方经济权利研究

地方经济权利理论在长期的区域发展中落后于实践。地方经济权利以权利主体的多层次性为理论依托,关注的是在区域发展的大背景下各地方的经济发展利益。地方经济权利在宪法和经济法部门中均有其合法的理论来源。经济法部门中的权利有双层架构,而地方经济权利应隶属于经济权利的第二层。地方经济权利以发展权、竞争权、补偿权为主要内容。最后,地方经济权利的实现则需要借助规范性的区域法制体系及专门性的区域协调机构为制度保障,实现经济权利的进一步完善与丰富。

体育赛事转播权法律保护问题研究

体育赛事转播权是一种涉及多方利益且复杂的权利,其法律保护问题一直是学界关注的焦点。从国内外学者的观点出发,探讨了体育赛事转播权的性质界定,并分析了我国法律对体育赛事转播权的相关规定。然而,现实中存在一些问题,包括立法和司法方面以及版权意识等,都严重影响了体育赛事转播权的保护。为完善法律保护措施,需要从立法、司法和其他方面进行改进。