The Historic Achievements of the Communist Party of China in Respecting and Protecting Human Rights in the New Era

In the new era,the Communist Party of China(CPC)has made historic achievements in respecting and protecting human rights.Building upon the principle of the“two integrations”(integrating the basic tenets of Marxism with China’s specific realities and fine traditional culture),it has nurtured new theories on respecting and protecting human rights in the new era,which can address the fundamental questions of whom and what the human rights protection efforts in the new era are for.Guided by the principle of“taking our own path,”it has charted a distinct course for the development of human rights,diverging from the Western approach.The CPC has maintained the unity between Party leadership and the respect for and protection of human rights,promoting progress in human rights through the pursuit of“high-quality development,”and ensuring various fundamental rights of the people through the rule of law.Building upon the past experience,the CPC has established the“source”of the institutional framework for respecting and protecting human rights in the new era,crafted the“body”of this institutional framework,and introduced its practical“application.”In promoting the comprehensive advancement of human rights protection,the CPC has facilitated the connotative development of human rights protection in China,empowering China in international human rights discourse,and contributing Chinese strength and wisdom to global human rights governance.

The Human Rights Discourse and its Changes during the Early Establishment of the Communist Party of China: From 1921 to 1927

during the early establishment of the Communist Party of China,human rights became the ideal and goal pursued by the Chinese Communists,and the discourse of human rights was vividly reflected in multiform Party documents.The centennial history of the CPC parallels that of the Chinese people’s exploration,struggle,and practice of human rights.Based on the literature review of the changes of the CPC―human rights discourse from its founding period to the Great Revolution period,this paper expounds on the CPC’s human rights discourse and its expressions in the early days after the Party was founded.

The Centennial History and Significance of the Protection of the Rights and Interests of Persons with Disabilities by the Communist Party of China

The Communist Party of China has been concerned with the protection of the rights and interests of persons with disabilities since its founding.in the period of the new democratic Revolution and after the founding of the People’s Republic of China,it adopted a series of protective measures in various forms in line with local conditions.Since the reform and opening-up,the cause of persons with disabilities has developed in an all-around way under the leadership of the CPC.especially since the 18th national Congress of the Communist Party of China,the protection of human rights for persons with disabilities has been innovatively developed,and persons with disabilities have been truly participating in social affairs and share the country’s development gains as equal subjects of rights.The centennial history of the Party’s protection of the rights and interests of persons with disabilities shows that the CPC’s ideas of human rights protection consecutively comprise humanitarian assistance,humanitarian protection,and people-centered human rights protection.The main identity of persons with disabilities has changed from the object of protection during the revolution to the object of medical care and social welfare,and the subject of human rights.The content of protection of rights and interests has developed from survival assistance to comprehensive protection including education,rehabilitation,employment,etc.The dignity,autonomy,equality,and social participation of persons with disabilities as the subject of human rights have become increasingly prominent.

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.

A Centennial Journey of Putting People First——“The Communist Party of China and the Progress on Human Rights in China” International Conference Summary

The International Conference on"The Communist Party of China and the Progress on Human Rights in China"was held on April 8,2021.It was sponsored by the China Society for Human Rights Studies and the Publicity Department of the CPC Jilin Provincial Committee and organized by Jilin University Human Rights Center,Jilin University School of Law,and Jilin University Center for Jurisprudence Research.At the conference,representatives from more than 20 countries discussed in depth the achievements,experience,and theories of the Communist Party of China in leading the Chinese people to strive for a better life and promoting the protection of human rights from dimensions of history and reality.The conference fully demonstrated the historical role and significance of the CPC’s path,thoughts,theories,and practices concerning human rights.

The Communist Party of China and Human Rights

The Communist Party of China （CPC） has persistently fought for human rights since its founding in 1921.This is epitomized by the Party＇s success in promoting democracy, getting the Chinese nation to rally around it, uniting with religious believers and protecting human rights.

The Communist Party of China Has Always Been the Firm Core of Leadership for China's Human Rights Development and Progress

Under the leadership of the Communist Party of China,the human rights cause in China has developed and progressed through the period of democratic revolution,the early founding of the People’s Republic of China,the new period of reform and openingup,and the new era of socialism with Chinese characteristics.all previous national Congresses of the Communist Party of China have made illustrations and arrangements on human rights issues,and the successive Party leaders have made important expositions on human rights issues.The Party and the state have enacted a series of policies,laws,and regulations to protect human rights in various periods.China has made historic and great achievements in human rights practice and created a human rights development path suited to China’s national conditions.China’s human rights development over the past century has fully proved that the CPC has always been,and it remains,the firm core of leadership for China’s human rights development and progress.

The Path of Human Rights Development with Chinese Characteristics and the Party's Leadership Development

Driving the development of human rights in China and participating in global human rights governance are the inherent requirements for the development of human rights with Chinese characteristics.To explore a path for the development human rights with Chinese characteristics,the fundamental requirement is to push forward the development of the Party’s leadership in multiple dimensions while adhering to the Party’s leadership.Among them,the Party’s political leadership is the fundamental guarantee for the path of human rights development with Chinese characteristics to move in the right direction.The Party’s ideological leadership provides advanced guidance for the path of human rights development with Chinese characteristics.The Party’s strategic decision-making capability determines the effectiveness of the path of human rights development with Chinese characteristics.The Party’s capability of mobilizing and leading the whole of society and integrating political and social resources is a necessity for a sustainable power supply for the path of human rights development with Chinese characteristics.Establishing a path of human rights development with Chinese characteristics and further promoting respect for and protection of human rights are important actions to advance the Party’s leadership development in the New Era.

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.

New Five-Year Program and Progress of China's Human Rights Cause——A study of the guidelines set by the Fifth Plenary Session of the Seventeenth Central Committee of the Communist Party of China

The Proposal for the Twelfth Five-Year Plan for China＇s Economic and Social Development （2011-2015）（herein after referred to as the ＂Proposed Plan＂ for short） provides a complete range of guidelines for China＇s im-mediate and long-term development.

The Logic of Change of the CPC’s Human Rights Discourse Since the Founding of the People’s Republic of China

Since the founding of the People’s Republic of China70 years ago,the human rights discourse of the Communist Party of China has been constantly updated.In the early years of the founding of the People’s Republic of China,the CPC spontaneously formed a collective discourse on human rights with the right to subsistence and self-determination as its core;in the 1980 s,in the process of reflection and refutation,the CPC paid more attention to individual rights,and gradually increased the sense of a human rights discourse with Chinese characteristics;since the 1990s,the CPC has combined the specific national conditions and the international environment to form a human rights discourse.The system of human rights discourse has been constructed in terms of the order of priority of human rights protection,path of human rights development,relationship between human rights and sovereignty,and development of the world human rights cause.Since the 18th National Congress of the CPC,the CPC has put forward the idea that"living a happy life is the primary human right"at home and the idea of building a Community with a Shared Future for Human Beings for the world,and the discourse system of human rights with Chinese characteristics has gradually been improved.The independent variable of the change of human rights discourse of the CPC is the specific national conditions at different stages and the recognition of national identity formed on this basis.The other variable is the international environment and external relations that China is facing.

Human Rights in China:Exploration and Development of Whole-process People’s Democracy

Whole-process people’s democracy represents a new exploration of socialism with Chinese characteristics for a new era as well as a novel and important method for protecting the human rights of the Chinese people.It is conducive to solving a multitude of problems hindering the protection of civil rights and political rights.The greatest highlight of whole-process people’s democracy is that the people are the masters of their own country and exercise the power to govern the state through“extensive participation and consultation.”China’s experience and approaches in advancing whole-process people’s democracy provide a reference for other countries.

Study of Canada’s Economic System from a System Thinking Perspective

This article analyzes Canada’s economic system from a systems thinking perspective.The content includes patterns of public choice(party system and power distribution),organizational framework of decision-making arrangements,information provision and coordination mechanisms,property rights system,incentive system,and welfare system.Canada’s economic system significantly influences the development of the Canadian economy,and its economic system arrangements hold reference significance for other developed and developing countries.

Communist Party of China and Human Rights Protection for Criminals

Protection of criminals＇ human rights is an important issue that has received full atten- tion at home and abroad. The Communist Party of China （CPC） has always attached much importance to the protection of criminals＇ human rights. Since the founding of New China, the Party and the state have paid full attention to protecting the human rights of criminals.

民事在线诉讼当事人权益保障的检视与路径探索

当事人权益保障体现了以当事人为中心的诉讼理念,确保了实现诉讼效益与程序公正的统一。在线诉讼中单一的程序选择权类型难以满足双方当事人需求、证人远程作证提高了质证难度、异步审理稀释了直接言词原则、个人信息保护与庭审公开之间存在张力。应当根据被选择事项性质合理确定选择权类型、加强证人远程作证技术保障、肯定异步审理的价值并明确边界、具体衡量审判公开与个人信息保护价值利益。

认罪认罚案件被告人滥用上诉权法律规制之探讨

在我国认罪认罚从宽制度实施过程中存在被告人滥用上诉权的问题。被告人滥用上诉权有违认罪认罚从宽制度的设立宗旨,降低了诉讼效率,浪费了司法资源,有必要从法律上进行规制。我国应在借鉴域外规制认罪协商案件被告人滥用上诉权立法经验的基础上,结合我国司法实践,对认罪认罚案件被告人滥用上诉权问题进行法律上的规制,构建认罪认罚案件一审法院上诉理由过滤机制,同时建立认罪认罚案件二审法院上诉许可审查机制。处理好保障认罪认罚案件被告人上诉权和规制其滥用上诉权的关系,确保我国认罪认罚从宽制度有序运行。

党“管”数据:基于政企数据权力演化的治理逻辑

数据是治国理政的重要资源,党“管”数据则是推动国家治理体系和治理能力现代化的关键路径。而在数据资源的流动下发生着数据权力的动态演化,存在政企主体数据发展优势表现不同,且需平衡少数大型企业依托政府数据资源优势异化形成数据权力的利弊影响,呈现出党“管”数据的需求。基于此,本文将从静态视角和动态视角分析政企主体间数据权力的形成和异化,从理论与实践的角度分别阐释党“管”数据的必要逻辑,进而探讨中国特色治理模式下党“管”数据的实现路径。研究认为,党“管”数据是制度优势、组织架构和安全发展的必然要求,是规制政企数据权力动态异化的必然选择,并凝练出“1+4”治理路径,推进实现善治目标与国家治理体系和治理能力现代化。

论债权人撤销权的实现

债权人撤销权判决在不同场合下,或者具有回复物权的效力,或者具有请求返还不当得利的效力。对于前者,债务人可基于物权请求权要求相对人返还原物,撤销权判决因而获得了强制执行力。债务人若怠于追回原物,债权人可直接申请强制执行为相对人占有的财物。对于后者,债务人须另行主张权利,撤销权判决无强制执行力。债务人若怠于行使权利,债权人可代位提起返还不当得利等诉讼。当债务人与相对人借助诉讼方式诈害债权并获得了相关裁判文书时,债权人则只能借助第三人撤销之诉来保全债权。由于第三人撤销之诉判决本身不具备执行的条件,债务人若怠于追回其责任财产,债权人同样需要代位提起不当得利返还等诉讼,或者代位申请执行回转。