BACKGROUND Cyclin-dependent kinase 9(CDK9)expression and autophagy in colorectal cancer(CRC)tissues has not been widely studied.CDK9,a key regulator of transcription,may influence the occurrence and progression of CRC...BACKGROUND Cyclin-dependent kinase 9(CDK9)expression and autophagy in colorectal cancer(CRC)tissues has not been widely studied.CDK9,a key regulator of transcription,may influence the occurrence and progression of CRC.The expression of auto-phagy-related genes BECN1 and drug resistance factor ABCG2 may also play a role in CRC.Under normal physiological conditions,autophagy can inhibit tumorigenesis,but once a tumor forms,autophagy may promote tumor growth.Therefore,understanding the relationship between autophagy and cancer,partic-ularly how autophagy promotes tumor growth after its formation,is a key motivation for this research.AIM To investigate the relationship between CDK9 expression and autophagy in CRC,assess differences in autophagy between left and right colon cancer,and analyze the associations of autophagy-related genes with clinical features and prognosis.METHODS We collected tumor tissues and paracarcinoma tissues from colon cancer patients with liver metastasis to observe the level of autophagy in tissues with high levels of CDK9 and low levels of CDK9.We also collected primary tissue from left and right colon cancer patients with liver metastasis to compare the autophagy levels and the expression of BECN1 and ABCG2 in the tumor and paracarcinoma tissues.RESULTS The incidence of autophagy and the expression of BECN1 and ABCG2 were different in left and right colon cancer,and autophagy might be involved in the occurrence of chemotherapy resistance.Further analysis of the rela-tionship between the expression of autophagy-related genes CDK9,ABCG2,and BECN1 and the clinical features and prognosis of colorectal cancer showed that the high expression of CDK9 indicated a poor prognosis in colorectal cancer.CONCLUSION This study laid the foundation for further research on the combination of CDK9 inhibitors and autophagy inhibitors in the treatment of patients with CRC.展开更多
There is a long-standing conflict between intellectual property rights and public freedom of information.The continuous development of the“anti-circumvention clause”has caused the conflict to intensify.As a basic hu...There is a long-standing conflict between intellectual property rights and public freedom of information.The continuous development of the“anti-circumvention clause”has caused the conflict to intensify.As a basic human right,freedom of information is being gradually eroded by the expansion of intellectual property rights.The existing research mainly carries on the right balance from the negative protection path,but the positive protection path is more advantageous to realizing the public freedom of information and alleviates the conflict between the two kinds of rights.In practice,there are some problems in the application of the anti-circumvention clause,such as the legality of the aim,the division of the protected part,and the determination of the circumvention.This is mainly due to the lack of restrictions on technical measures,the failure to distinguish between“copyright protection”and“contact control”,and the offside and absence of administrative bodies in practice.We should protect public freedom of information by distinguishing the two measures of copyright protection and contact control and the two torts of access and use,increasing the restrictive conditions for the use of technical protection measures,and changing the functions of administrative supervision agencies.展开更多
The 44th session of the United Nations Human Rights Council was held in Geneva,Switzerland from June 30 to July 17.Representatives of some NGOs in China made speeches at the conference in the form of pre-recorded vide...The 44th session of the United Nations Human Rights Council was held in Geneva,Switzerland from June 30 to July 17.Representatives of some NGOs in China made speeches at the conference in the form of pre-recorded videos,expressing their views on a series of issues such as health,poverty alleviation,and education.展开更多
Conceptually,health is subjective,procedural and socially reliant.This three-fold nature determines the connotations of the right to health as well as the constraints thereof.The right to health encompasses both the r...Conceptually,health is subjective,procedural and socially reliant.This three-fold nature determines the connotations of the right to health as well as the constraints thereof.The right to health encompasses both the right to freedom and social rights.The right to freedom in the context of health means that the state should respect the health status and choices of its citizens and trust that the people are able to optimize their health through their own efforts,whereas the right to basic healthcare services is an important component of the right to health from the perspective of social rights.The review system stipulated in administrative normative documents increases,to a certain degree,the possibility that citizens can realize their right to health.The right to health is constrained in three aspects:"precondition of the possible",concurrent requirements imposed by society and conflicts among basic rights.When there is financial restraint on what the state can afford,the right to health is constrained by limits to healthcare institutions and the provision of healthcare services.over-emphasis of individual responsibility on the part of the insured can possibly transform the right to health into an obligation to be healthy.展开更多
The right of minors to express their opinions in family litigations refers to minors,who have a certain degree of mental capacity and assertiveness,having the right to express their opinions on the arrangements or dec...The right of minors to express their opinions in family litigations refers to minors,who have a certain degree of mental capacity and assertiveness,having the right to express their opinions on the arrangements or decisions related to themselves when the courts handle familial litigation cases involving their interests,and to request the courts hear their opinions.In essence,the right of minors to express their opinions in family litigations belongs to the basic procedural rights of minors as well as judicial beneficiary rights.As for the protection of the right of minors to express their opinions in family litigations,recognizing the status of minors as independent subjects of rights is the logical premise,the procedural guarantee for the rights of the substantive parties involved is the direct cause,and ensuring the best interests of children is the fundamental reason.In order to protect the right of minors to express their opinions in family litigations,China should standardize the mechanisms for judges to hear the opinions of minors directly,improve the mechanisms for family investigators,and establish mechanisms for representing the interests of minors.展开更多
International Religious Freedom Act of 1998 In October 1998, the Clinton Administration produced the International Religious Freedom Act of 1998 (IRFA). It is one of the important laws passed by the US Congress in rec...International Religious Freedom Act of 1998 In October 1998, the Clinton Administration produced the International Religious Freedom Act of 1998 (IRFA). It is one of the important laws passed by the US Congress in recent years. The act is very complicated. The main sections can be summarized as follows: (1) Appointment of an Ambassador at Large for International Religious Freedom to head an Office on International Religious Freedom within the Department of State;展开更多
The issue of human rights is one of the essential issues in modern political life and state life.The term"human rights",as it is so called,refers to the rights of human beings dealing with the questions aris...The issue of human rights is one of the essential issues in modern political life and state life.The term"human rights",as it is so called,refers to the rights of human beings dealing with the questions arising during the process of human beings from necessity to freedom.The key to master the concept of human rights is how to define the rights.In ac-展开更多
This essay examines the degree to which Kant's understanding of external freedom and right are consistent with and can form a part of his moral philosophy. In doing so, this essay begins by looking at the foundation ...This essay examines the degree to which Kant's understanding of external freedom and right are consistent with and can form a part of his moral philosophy. In doing so, this essay begins by looking at the foundation and possibility of moral experience as it is presented in the Groundwork for the Metaphysics of Morals. This essay then turns to explore Kant's understanding of external freedom and right as set out in The Metaphysics of Morals and examines the apparent inconsistencies that exist between these concepts and Kant's explication of moral worth. After pointing out the distinction between right and morality, this essay goes on to argue that, strictly speaking, Kant's conception of external freedom and right cannot form part of his moral philosophy (as so defined in the Groundwork). Finally, this essay concludes by arguing that although right and morality are irreconcilable, Kant's account of external freedom and right can nevertheless serve as part of his "moral" philosophy insofar as these concepts represent Kant's attempt to externalize the moral law, or simply expand the definition of morality to cover any action that accords with the right.展开更多
The goal of this paper is to establish from Simone de Beauvoir's perspective what happens when the situation and rights of French women are examined from the purview of their position as colonial subjects--as women c...The goal of this paper is to establish from Simone de Beauvoir's perspective what happens when the situation and rights of French women are examined from the purview of their position as colonial subjects--as women colonizer. Following the analysis of Beauvoir as featured in The Ethics of Ambiguity and The Second Sex, the author first begins by examining the situation and rights of French women colonizer as it relates to the situation of the colonized. And then, the author examines the situation and rights of these women from their own stands as women and in relationships to the situation and rights of white French men. The paper concludes that while French women may have experienced white privilege, they suffered from gender oppression deriving from their second-class status as French colonial subjects.展开更多
In China, the trading of construction land quotas has undergone an institutional evolution process characterized by gradual deregulation.In 2021, the Central Committee of the Communist Party of China(CPC) resolved to ...In China, the trading of construction land quotas has undergone an institutional evolution process characterized by gradual deregulation.In 2021, the Central Committee of the Communist Party of China(CPC) resolved to develop a national cross-regional trading mechanism for construction land quotas.Construction land quotas, which have attributes of both public power and private rights, share certain common grounds with the rights of land development, dumping and carbon emission.To build a national trading market for construction land quotas, it is necessary to make clarifications and innovations in macro-level ideas, meso-level mechanisms, and micro-level designs.展开更多
In China, the development of human rights is an inherent part of good governance, as reflected in the following: Firstly, people are able to participate in social and public administration through exercising their ...In China, the development of human rights is an inherent part of good governance, as reflected in the following: Firstly, people are able to participate in social and public administration through exercising their 'democratic rights' under the constitution. Secondly, citizens' fundamental human rights and other civil rights are protected by law. Thirdly, people's rights to know and to express are expanding. Fourthly, the Chinese government is responsive to people's demands, ready to accept their supervision, and is doing its best to improve their living standard. To modernize governance, China must adhere to human rights principles by guaranteeing people's rights to participation, to information and to supervision, and by protecting the fundamental rights of the disadvantaged.展开更多
The close coupling of civil litigation rights and human rights mean how well litigation rights are realized can directly or indirectly affect the judicial protection of human rights.Therefore,human rights protection i...The close coupling of civil litigation rights and human rights mean how well litigation rights are realized can directly or indirectly affect the judicial protection of human rights.Therefore,human rights protection in the field of civil litigation should take the right of civil litigation as the starting point and core.Based on a sample questionnaire survey of judges and lawyers,this paper conducts an empirical analysis and proposes that the exercise of this right should be taken as the main line to build a comprehensive protection mechanism for this right to realize its role in providing an institutional guarantee for human rights protection.It specifies three aspects:first,the process of filing a case should uphold the freedom and equality of the right to initiate litigation,remove substantial obstacles that affect the filing of the case,and ensure access to justice for disadvantaged groups;second,the trial procedure should have strengthened checks and balances on judicial power to ensure the right of litigation is compromised,and respects the procedural subject status of the two parties to realize equal protection of both parties;the third is to promote the implementation and improvement of relief for this right in the supervisory procedure,clarify the boundary of its relief by procuratorial supervision,and enhance the comprehensiveness and accuracy of the relief.展开更多
According to constitutional jurisprudence in China,Article 51 of the Constitution is an unenumerated restrictive clause.Such theoretical construction fails to justify the differentiated restrictions established in the...According to constitutional jurisprudence in China,Article 51 of the Constitution is an unenumerated restrictive clause.Such theoretical construction fails to justify the differentiated restrictions established in the Constitution and makes it difficult to explain the constitutional status of human dignity. Article 51 implies the possibility of other theoretical constructions. It is not an unenumerated restriction clause but an unenumerated rights clause. It aims to provide guarantees for general freedom of action not enumerated in the Constitution rather than restricting fundamental rights. The actual benefit of this kind of theoretical construction lies in that it can establish the basis of the constitutional text for general freedom of action and promote the people’s correct understanding of the model of restriction on fundamental rights established by the Constitution of PRC.展开更多
The pervasive existence of subordination in the work-place endows workers’personality rights with a distinct specificity that differs from other civil subjects.The specificity of workers’per-sonality rights is prima...The pervasive existence of subordination in the work-place endows workers’personality rights with a distinct specificity that differs from other civil subjects.The specificity of workers’per-sonality rights is primarily manifested in three aspects:the exercise of rights is restricted by the employer;personality rights infringements often accompany violations of workers’economic property rights;and the scope of rights is not limited to the duration of employment.To respond to the specificity arising in the labor domain,certain disputes concerning workers’personality rights should be handled through la-bor dispute resolution procedures.In individual cases,judicial author-ities should differentiate among protection levels based on the specific type of personality rights involved,with a focus on examining the rea-sons,methods,and extent of the employer’s restrictive actions,thereby establishing a practical and reasonable review system.。展开更多
This research uses a theoretical conceptual method based on Chantal Mouffe's Radical Democracy which blended with Derrida's deconstruction thesis about "democracy to come" to reach findings on the state of South A...This research uses a theoretical conceptual method based on Chantal Mouffe's Radical Democracy which blended with Derrida's deconstruction thesis about "democracy to come" to reach findings on the state of South Africa's media freedom landscape. The method is contained in the conceptual framework. The article provides the constitutional legal landscape--or the overarching laws of the land--and the co-regulatory framework within which journalists work. There are four research explications: the Protection of State Information Bill (dubbed the Secrecy Bill), a painting of the president and Freedom of Expression, an arson attack on a community radio station and finally, the death of a photojournalist at the hands of police. The argument here is that the death, the arson attack, the Secrecy Bill, and the shut-down of dissent during the exhibition of the painting of the president all undermine democracy and signify significant closures for the media in the now 20-year-old post-apartheid South Africa. The analysis and reflections will be framed within theories of radical democracy, which argue for more fights and contestations and more voices from the margins in order to deepen democracy, rather than rational consensus which closes the spaces for greater plurality.展开更多
The article highlights the guiding principles which make the Conciliar Declaration Dignitatis Humanae so outstanding and prophetic in character. Initially, the article focuses on the development of the Church's doctr...The article highlights the guiding principles which make the Conciliar Declaration Dignitatis Humanae so outstanding and prophetic in character. Initially, the article focuses on the development of the Church's doctrine from a position of "error has no rights" to one where elements of truth are recognised in other religions. The questions addressed include the foundational principles of religious freedom, its limitations, as well as the positive attitudes embraced in its exercise. The article touches upon the role of the initially ~'disinvited" John Courtney Murray (1904-1967) and the unique contribution of Pietro Pavan (1903-1994) to the Declaration, as well as the evaluation made upon it by Ladislas 0rsy (b.1921) and Robert Drinan (1920-2007). With the publication of Dignitatis Humanae, the Church took a quantum leap which allowed it to gain a degree of credibility in the context of its new commitment to religious tolerance. This leap has to be seen in connection to Lumen Gentium 16 and Nostra Aetate 2. Finally, the lasting relevance of Dignitatis Humanae is understood in the light of the Council's focused and authentic attention to human needs within a socio-political context which continues to evolve from day to day.展开更多
Right to freedom of religion and belief guaranteed by the constitution in the positive legal order, in practice, does not necessarily guarantee freedom. The Constitution of the Republic of Indonesia provides a guarant...Right to freedom of religion and belief guaranteed by the constitution in the positive legal order, in practice, does not necessarily guarantee freedom. The Constitution of the Republic of Indonesia provides a guarantee of religious freedom for every citizen under Article 28 E of the 1945 Constitution. The Constitutional Court, which is required to protect, maintain, and ensure religious freedom for religious minorities, is deemed to fail guarding the right of religious minorities, because in addition to providing a restrictive ruling on a judicial review of the rule of law which is contrary to the basic law, it also fails to interpret legal products under the laws as part of the constitution. The Constitutional Court dysfunction as a guardian of the constitutional rights of religious minorities occurs because of the vacuum of law (recht vacuum), a narrow interpretation of the constitution by the constitutional judges. The urgency that needs to be addressed is to provide the Constitutional Court with a more extensive authority, which is not limited only to review legal products under laws, but also includes production of Law on Freedom of Religion and Belief for protection in the application of Article 28 E of the 1945 Constitution.展开更多
The paper analyses a special moment-a so-called "revolutionar" campaign that was undertaken in all fields: social, cultural and religious ones in the contemporary history of Albania. And exactly, it analyses the dr...The paper analyses a special moment-a so-called "revolutionar" campaign that was undertaken in all fields: social, cultural and religious ones in the contemporary history of Albania. And exactly, it analyses the dramatic turn undertaken by the dictatorial communist regime during the years of 1966-1969. As a result, in period of few years, Albanian was transformed into the only atheist country in the world, because since November 13, 1967, the religious activities were banned and this situation lasted until 1976 from the constitutional point of view.展开更多
The US Commission on International Religious Freedom (USCIRF) issued its 2003 annual report on May 13, uttering irresponsible criticisms of religious affairs of many countries, including China, and listed China among ...The US Commission on International Religious Freedom (USCIRF) issued its 2003 annual report on May 13, uttering irresponsible criticisms of religious affairs of many countries, including China, and listed China among the 'countries of particular concerns.' This has aroused strong protests from Chinese religious leaders. On May 22, the China Society for Human Rights Studies and the China Religious Research Center held a forum in Beijing. The participating religious leaders and human rights experts gave the lie to the US report. Published below are the excerpts of the speeches by some religious leaders and human rights experts:展开更多
The legal regulation of racist speech involves limitation on the freedom of speech, which requires prudent trade-offs between freedom and quality. The protection of the freedom of speech, although of great value to a ...The legal regulation of racist speech involves limitation on the freedom of speech, which requires prudent trade-offs between freedom and quality. The protection of the freedom of speech, although of great value to a democratic society, does not include the pro tection of racist speech. The justification for regulating racist speech lies in the impact of racial ly-charged speech, not in the content of the speech itself. The regulation of racist speech should take into consideration thecriteriaofsubjectivemalignancy,necessityandproportionality.Due to their social status and special role in a democratic society, the media and political figures should bear a more stringent duty of care because of the harm and consequences of their racist remarks, which are far greater than those of other groups. During the pandemic, legal regula tion is required regarding remarks of politicians and the media that imply discrimination linked to CoVID-19.展开更多
基金the Science and Technology Development Fund of Tianjin Education Commission for Higher Education,No.2020KJ133Tianjin Key Medical Discipline(Specialty)Construction Project,No.TJYXZDXK-009A.
文摘BACKGROUND Cyclin-dependent kinase 9(CDK9)expression and autophagy in colorectal cancer(CRC)tissues has not been widely studied.CDK9,a key regulator of transcription,may influence the occurrence and progression of CRC.The expression of auto-phagy-related genes BECN1 and drug resistance factor ABCG2 may also play a role in CRC.Under normal physiological conditions,autophagy can inhibit tumorigenesis,but once a tumor forms,autophagy may promote tumor growth.Therefore,understanding the relationship between autophagy and cancer,partic-ularly how autophagy promotes tumor growth after its formation,is a key motivation for this research.AIM To investigate the relationship between CDK9 expression and autophagy in CRC,assess differences in autophagy between left and right colon cancer,and analyze the associations of autophagy-related genes with clinical features and prognosis.METHODS We collected tumor tissues and paracarcinoma tissues from colon cancer patients with liver metastasis to observe the level of autophagy in tissues with high levels of CDK9 and low levels of CDK9.We also collected primary tissue from left and right colon cancer patients with liver metastasis to compare the autophagy levels and the expression of BECN1 and ABCG2 in the tumor and paracarcinoma tissues.RESULTS The incidence of autophagy and the expression of BECN1 and ABCG2 were different in left and right colon cancer,and autophagy might be involved in the occurrence of chemotherapy resistance.Further analysis of the rela-tionship between the expression of autophagy-related genes CDK9,ABCG2,and BECN1 and the clinical features and prognosis of colorectal cancer showed that the high expression of CDK9 indicated a poor prognosis in colorectal cancer.CONCLUSION This study laid the foundation for further research on the combination of CDK9 inhibitors and autophagy inhibitors in the treatment of patients with CRC.
基金a phased result of the general project of the National Social Science Fund of China“Research on the Boundary and System Construction of Criminal Liability of Internet Service Providers”(Project No.18BFX104)。
文摘There is a long-standing conflict between intellectual property rights and public freedom of information.The continuous development of the“anti-circumvention clause”has caused the conflict to intensify.As a basic human right,freedom of information is being gradually eroded by the expansion of intellectual property rights.The existing research mainly carries on the right balance from the negative protection path,but the positive protection path is more advantageous to realizing the public freedom of information and alleviates the conflict between the two kinds of rights.In practice,there are some problems in the application of the anti-circumvention clause,such as the legality of the aim,the division of the protected part,and the determination of the circumvention.This is mainly due to the lack of restrictions on technical measures,the failure to distinguish between“copyright protection”and“contact control”,and the offside and absence of administrative bodies in practice.We should protect public freedom of information by distinguishing the two measures of copyright protection and contact control and the two torts of access and use,increasing the restrictive conditions for the use of technical protection measures,and changing the functions of administrative supervision agencies.
文摘The 44th session of the United Nations Human Rights Council was held in Geneva,Switzerland from June 30 to July 17.Representatives of some NGOs in China made speeches at the conference in the form of pre-recorded videos,expressing their views on a series of issues such as health,poverty alleviation,and education.
基金supported by the Ministry of Justice’s National Research project on the Theory of Law and the Rule of Law(Serial No.:17SFB306)China University of Political Science and Law’s Annual Research and Innovation Project on the Legal Attributes and Rights to Relief Contained in Road Traffic Signals(Serial No.:19ZFQ82007).
文摘Conceptually,health is subjective,procedural and socially reliant.This three-fold nature determines the connotations of the right to health as well as the constraints thereof.The right to health encompasses both the right to freedom and social rights.The right to freedom in the context of health means that the state should respect the health status and choices of its citizens and trust that the people are able to optimize their health through their own efforts,whereas the right to basic healthcare services is an important component of the right to health from the perspective of social rights.The review system stipulated in administrative normative documents increases,to a certain degree,the possibility that citizens can realize their right to health.The right to health is constrained in three aspects:"precondition of the possible",concurrent requirements imposed by society and conflicts among basic rights.When there is financial restraint on what the state can afford,the right to health is constrained by limits to healthcare institutions and the provision of healthcare services.over-emphasis of individual responsibility on the part of the insured can possibly transform the right to health into an obligation to be healthy.
基金the National Social Science Fund’s late-stage funded project“Research on the Realization of Family Justice”(Project Approval Number 22FFXB016)directed by the author.
文摘The right of minors to express their opinions in family litigations refers to minors,who have a certain degree of mental capacity and assertiveness,having the right to express their opinions on the arrangements or decisions related to themselves when the courts handle familial litigation cases involving their interests,and to request the courts hear their opinions.In essence,the right of minors to express their opinions in family litigations belongs to the basic procedural rights of minors as well as judicial beneficiary rights.As for the protection of the right of minors to express their opinions in family litigations,recognizing the status of minors as independent subjects of rights is the logical premise,the procedural guarantee for the rights of the substantive parties involved is the direct cause,and ensuring the best interests of children is the fundamental reason.In order to protect the right of minors to express their opinions in family litigations,China should standardize the mechanisms for judges to hear the opinions of minors directly,improve the mechanisms for family investigators,and establish mechanisms for representing the interests of minors.
文摘International Religious Freedom Act of 1998 In October 1998, the Clinton Administration produced the International Religious Freedom Act of 1998 (IRFA). It is one of the important laws passed by the US Congress in recent years. The act is very complicated. The main sections can be summarized as follows: (1) Appointment of an Ambassador at Large for International Religious Freedom to head an Office on International Religious Freedom within the Department of State;
文摘The issue of human rights is one of the essential issues in modern political life and state life.The term"human rights",as it is so called,refers to the rights of human beings dealing with the questions arising during the process of human beings from necessity to freedom.The key to master the concept of human rights is how to define the rights.In ac-
文摘This essay examines the degree to which Kant's understanding of external freedom and right are consistent with and can form a part of his moral philosophy. In doing so, this essay begins by looking at the foundation and possibility of moral experience as it is presented in the Groundwork for the Metaphysics of Morals. This essay then turns to explore Kant's understanding of external freedom and right as set out in The Metaphysics of Morals and examines the apparent inconsistencies that exist between these concepts and Kant's explication of moral worth. After pointing out the distinction between right and morality, this essay goes on to argue that, strictly speaking, Kant's conception of external freedom and right cannot form part of his moral philosophy (as so defined in the Groundwork). Finally, this essay concludes by arguing that although right and morality are irreconcilable, Kant's account of external freedom and right can nevertheless serve as part of his "moral" philosophy insofar as these concepts represent Kant's attempt to externalize the moral law, or simply expand the definition of morality to cover any action that accords with the right.
文摘The goal of this paper is to establish from Simone de Beauvoir's perspective what happens when the situation and rights of French women are examined from the purview of their position as colonial subjects--as women colonizer. Following the analysis of Beauvoir as featured in The Ethics of Ambiguity and The Second Sex, the author first begins by examining the situation and rights of French women colonizer as it relates to the situation of the colonized. And then, the author examines the situation and rights of these women from their own stands as women and in relationships to the situation and rights of white French men. The paper concludes that while French women may have experienced white privilege, they suffered from gender oppression deriving from their second-class status as French colonial subjects.
基金a phased research achievement of Sichuan's social science programming project in 2019 titled“Overall Planning of Public Power and Expression of Private Rights in Inter-provincial Trading of Construction Land Quotas of Impoverished Regions”(project number:SC19B093)。
文摘In China, the trading of construction land quotas has undergone an institutional evolution process characterized by gradual deregulation.In 2021, the Central Committee of the Communist Party of China(CPC) resolved to develop a national cross-regional trading mechanism for construction land quotas.Construction land quotas, which have attributes of both public power and private rights, share certain common grounds with the rights of land development, dumping and carbon emission.To build a national trading market for construction land quotas, it is necessary to make clarifications and innovations in macro-level ideas, meso-level mechanisms, and micro-level designs.
文摘In China, the development of human rights is an inherent part of good governance, as reflected in the following: Firstly, people are able to participate in social and public administration through exercising their 'democratic rights' under the constitution. Secondly, citizens' fundamental human rights and other civil rights are protected by law. Thirdly, people's rights to know and to express are expanding. Fourthly, the Chinese government is responsive to people's demands, ready to accept their supervision, and is doing its best to improve their living standard. To modernize governance, China must adhere to human rights principles by guaranteeing people's rights to participation, to information and to supervision, and by protecting the fundamental rights of the disadvantaged.
基金phased project of“Judicial System and Human Rights Protection——A Study on the Protection of the Right of Action in Civil Judicial Reform”(19JJD820014)the Ministry of Education’s Key Research Base of Humanities and Social Sciences for Colleges and Universities in 2019
文摘The close coupling of civil litigation rights and human rights mean how well litigation rights are realized can directly or indirectly affect the judicial protection of human rights.Therefore,human rights protection in the field of civil litigation should take the right of civil litigation as the starting point and core.Based on a sample questionnaire survey of judges and lawyers,this paper conducts an empirical analysis and proposes that the exercise of this right should be taken as the main line to build a comprehensive protection mechanism for this right to realize its role in providing an institutional guarantee for human rights protection.It specifies three aspects:first,the process of filing a case should uphold the freedom and equality of the right to initiate litigation,remove substantial obstacles that affect the filing of the case,and ensure access to justice for disadvantaged groups;second,the trial procedure should have strengthened checks and balances on judicial power to ensure the right of litigation is compromised,and respects the procedural subject status of the two parties to realize equal protection of both parties;the third is to promote the implementation and improvement of relief for this right in the supervisory procedure,clarify the boundary of its relief by procuratorial supervision,and enhance the comprehensiveness and accuracy of the relief.
基金a phased achievement of Constitutional Interpretation in Line with Law and Its Practical Research,a General Project of Humanities and Social Sciences Research of the Ministry of Education for 2019 (Approval No. 19YJA820008)。
文摘According to constitutional jurisprudence in China,Article 51 of the Constitution is an unenumerated restrictive clause.Such theoretical construction fails to justify the differentiated restrictions established in the Constitution and makes it difficult to explain the constitutional status of human dignity. Article 51 implies the possibility of other theoretical constructions. It is not an unenumerated restriction clause but an unenumerated rights clause. It aims to provide guarantees for general freedom of action not enumerated in the Constitution rather than restricting fundamental rights. The actual benefit of this kind of theoretical construction lies in that it can establish the basis of the constitutional text for general freedom of action and promote the people’s correct understanding of the model of restriction on fundamental rights established by the Constitution of PRC.
文摘The pervasive existence of subordination in the work-place endows workers’personality rights with a distinct specificity that differs from other civil subjects.The specificity of workers’per-sonality rights is primarily manifested in three aspects:the exercise of rights is restricted by the employer;personality rights infringements often accompany violations of workers’economic property rights;and the scope of rights is not limited to the duration of employment.To respond to the specificity arising in the labor domain,certain disputes concerning workers’personality rights should be handled through la-bor dispute resolution procedures.In individual cases,judicial author-ities should differentiate among protection levels based on the specific type of personality rights involved,with a focus on examining the rea-sons,methods,and extent of the employer’s restrictive actions,thereby establishing a practical and reasonable review system.。
文摘This research uses a theoretical conceptual method based on Chantal Mouffe's Radical Democracy which blended with Derrida's deconstruction thesis about "democracy to come" to reach findings on the state of South Africa's media freedom landscape. The method is contained in the conceptual framework. The article provides the constitutional legal landscape--or the overarching laws of the land--and the co-regulatory framework within which journalists work. There are four research explications: the Protection of State Information Bill (dubbed the Secrecy Bill), a painting of the president and Freedom of Expression, an arson attack on a community radio station and finally, the death of a photojournalist at the hands of police. The argument here is that the death, the arson attack, the Secrecy Bill, and the shut-down of dissent during the exhibition of the painting of the president all undermine democracy and signify significant closures for the media in the now 20-year-old post-apartheid South Africa. The analysis and reflections will be framed within theories of radical democracy, which argue for more fights and contestations and more voices from the margins in order to deepen democracy, rather than rational consensus which closes the spaces for greater plurality.
文摘The article highlights the guiding principles which make the Conciliar Declaration Dignitatis Humanae so outstanding and prophetic in character. Initially, the article focuses on the development of the Church's doctrine from a position of "error has no rights" to one where elements of truth are recognised in other religions. The questions addressed include the foundational principles of religious freedom, its limitations, as well as the positive attitudes embraced in its exercise. The article touches upon the role of the initially ~'disinvited" John Courtney Murray (1904-1967) and the unique contribution of Pietro Pavan (1903-1994) to the Declaration, as well as the evaluation made upon it by Ladislas 0rsy (b.1921) and Robert Drinan (1920-2007). With the publication of Dignitatis Humanae, the Church took a quantum leap which allowed it to gain a degree of credibility in the context of its new commitment to religious tolerance. This leap has to be seen in connection to Lumen Gentium 16 and Nostra Aetate 2. Finally, the lasting relevance of Dignitatis Humanae is understood in the light of the Council's focused and authentic attention to human needs within a socio-political context which continues to evolve from day to day.
文摘Right to freedom of religion and belief guaranteed by the constitution in the positive legal order, in practice, does not necessarily guarantee freedom. The Constitution of the Republic of Indonesia provides a guarantee of religious freedom for every citizen under Article 28 E of the 1945 Constitution. The Constitutional Court, which is required to protect, maintain, and ensure religious freedom for religious minorities, is deemed to fail guarding the right of religious minorities, because in addition to providing a restrictive ruling on a judicial review of the rule of law which is contrary to the basic law, it also fails to interpret legal products under the laws as part of the constitution. The Constitutional Court dysfunction as a guardian of the constitutional rights of religious minorities occurs because of the vacuum of law (recht vacuum), a narrow interpretation of the constitution by the constitutional judges. The urgency that needs to be addressed is to provide the Constitutional Court with a more extensive authority, which is not limited only to review legal products under laws, but also includes production of Law on Freedom of Religion and Belief for protection in the application of Article 28 E of the 1945 Constitution.
文摘The paper analyses a special moment-a so-called "revolutionar" campaign that was undertaken in all fields: social, cultural and religious ones in the contemporary history of Albania. And exactly, it analyses the dramatic turn undertaken by the dictatorial communist regime during the years of 1966-1969. As a result, in period of few years, Albanian was transformed into the only atheist country in the world, because since November 13, 1967, the religious activities were banned and this situation lasted until 1976 from the constitutional point of view.
文摘The US Commission on International Religious Freedom (USCIRF) issued its 2003 annual report on May 13, uttering irresponsible criticisms of religious affairs of many countries, including China, and listed China among the 'countries of particular concerns.' This has aroused strong protests from Chinese religious leaders. On May 22, the China Society for Human Rights Studies and the China Religious Research Center held a forum in Beijing. The participating religious leaders and human rights experts gave the lie to the US report. Published below are the excerpts of the speeches by some religious leaders and human rights experts:
基金a significant progress of Research on Developing a Fairer and More Equitable Global Governance System (Project Approval No. 20AZD104)key program of National Social Science Foundation of China+1 种基金major program of National Social Science Found of ChinaResearch on International Law of Major Public Health Emergencies (Project Approval No. 20&ZD201)。
文摘The legal regulation of racist speech involves limitation on the freedom of speech, which requires prudent trade-offs between freedom and quality. The protection of the freedom of speech, although of great value to a democratic society, does not include the pro tection of racist speech. The justification for regulating racist speech lies in the impact of racial ly-charged speech, not in the content of the speech itself. The regulation of racist speech should take into consideration thecriteriaofsubjectivemalignancy,necessityandproportionality.Due to their social status and special role in a democratic society, the media and political figures should bear a more stringent duty of care because of the harm and consequences of their racist remarks, which are far greater than those of other groups. During the pandemic, legal regula tion is required regarding remarks of politicians and the media that imply discrimination linked to CoVID-19.