The inclusion of the human rights clause in the Chi-nese Constitution is the core normative manifestation of the constitu-tionalization of human rights,and points to the relationship between international law and the ...The inclusion of the human rights clause in the Chi-nese Constitution is the core normative manifestation of the constitu-tionalization of human rights,and points to the relationship between international law and the Constitution in the sense of positive law.The inclusion of the human rights clauses in the Chinese Constitution itself is an inherent part of the development of China’s socialist constitution,and socialism has already contributed valuable concepts and practices of human rights protection to the modern world in its early stage.The constitutionalization of human rights protection does not necessarily lead to the superiority of international law over the constitutional order of a country,but rather to the convergence of international law and domestic law through the constitutional order.The relevant rules of international law will be effective only when they are transformed into domestic law through the Constitution and the human rights clause in the Constitution.Correspondingly,the domestic legal order is brought into line with the international legal order through the Con-stitution and its human rights clause.Behind the system of fundamen-tal rights in the constitutional order is the value foundation of the en-tire legal system.The advancement of foreign-related rule of law has brought new opportunities for China’s judicial practice to further pro-mote the protection of human rights.In the future,we should further integrate the human rights values embedded in socialism into China’s constitutional practice,enhance human rights protection around the country,and take a more active part in global human rights gover-nance.展开更多
Rule of law education in primary and secondary schools is an educational process to popularize legal knowledge,establish legal awareness,and cultivate the ability to respect,abide by,and use the law for the special gr...Rule of law education in primary and secondary schools is an educational process to popularize legal knowledge,establish legal awareness,and cultivate the ability to respect,abide by,and use the law for the special group of primary and secondary school students.The research found that rule of law education in primary and secondary schools in Chaoshan has yielded positive outcomes.However,there exist problems such as uneven synergy,incomplete inclusion of teachers and students,shortage of adequately trained professional teachers,and the need for enhanced organizational support.The relevance and effectiveness of rule of law education in primary and secondary schools will be enhanced by clarifying the target tasks,enhancing the effectiveness of the classroom,creating an atmosphere of the rule of law,and strengthening organizational support.展开更多
On December 4,2023,the China Society for Human Rights Studies hosted a seminar in Beijing commemorating the 75^(th) Anniversary of the Universal Declaration of Human Rights.Participants discussed topics such as the si...On December 4,2023,the China Society for Human Rights Studies hosted a seminar in Beijing commemorating the 75^(th) Anniversary of the Universal Declaration of Human Rights.Participants discussed topics such as the significance of the Universal Declaration of Human Rights,China’s theories and practices in respecting and safeguarding human rights,the three global initiatives and global human rights governance,human rights protection in the digital age,and telling Chinese stories of human rights in the new era.The discussions led to a broad consensus and achieved positive results.展开更多
Exploring the inner law of the economic operation of urbanization can understand the regulation mechanism of the optimal distribution of urban resource allocation. In this regard, we propose to explore and analyze the...Exploring the inner law of the economic operation of urbanization can understand the regulation mechanism of the optimal distribution of urban resource allocation. In this regard, we propose to explore and analyze the inner law of urbanization economic operation and its application. The study found that the urbanization economy originated from the urban agglomeration effect, which includes the agglomeration economic operation mechanism and spillover effect operation mechanism, based on which three kinds of inner laws of urbanization economic operation are explored, combined with the economic operation law, the non-equilibrium state of the declining cities are regulated and applied, and the results show that the analysis of the inner laws of urbanization economic operation has a direct significance in guiding the real economic process.展开更多
The continuous debate on the formal rule of law and the substantive rule of law in the construction of the rule of law in China not only affects the understanding of the connotation of the rule of law in China,but als...The continuous debate on the formal rule of law and the substantive rule of law in the construction of the rule of law in China not only affects the understanding of the connotation of the rule of law in China,but also the choice of the path for the development of the rule of law in China.In the new stage of “comprehensively advancing the Law-Based Governance of China”,the process of “comprehensively advancing the Law-Based Governance of China” is also a process of continuously improving the rule of law quality in China.And from this perspective,the relationship between the formal rule of law and the substantive rule of law has got a new meaning.Promoting the substantive rule of law is an important way to realize the development of the rule of law and improve the quality of the rule of law.At the same time,the promotion of the substantive rule of law should follow the “people-centered” nature of the rule of law and the objective is conducive to the promotion of the rule of law and the formation of the “rule of law ecology”.展开更多
Law is the fundamental method of governance and the rule of law symbolizes modern civilization. The socialist rule of law is the rule of law rooted in the Chinese tradition, and designed and led by the Communist Party...Law is the fundamental method of governance and the rule of law symbolizes modern civilization. The socialist rule of law is the rule of law rooted in the Chinese tradition, and designed and led by the Communist Party of China(CPC). It is not only a tool for government, but also a driver of social progress. Meanwhile, the Chinese human rights system is also designed by the CPC. Both concepts—the socialist rule of law and the human rights system——are different from the West in terms of theory, path and systems. Human rights are the fundamental values of and the ultimate goal pursued by the rule of law; and the rule of law is the recognition of and guarantee for human rights. Efforts must be made to advance legislative, administrative and judicial protection of human rights.展开更多
Both civil&commercial law and economic law are the main legal basis for supervising market behavior and regulating market order.They are indispensable laws in the national economic development and construction.By ...Both civil&commercial law and economic law are the main legal basis for supervising market behavior and regulating market order.They are indispensable laws in the national economic development and construction.By analyzing the relationship between civil&commercial law and economic law in the context of market economy,this article explores the similarities and differences between,and through the perfection and application of the two,China’s social and economic stability and a lasting progress can be better realized under the mechanism of market economy.展开更多
The Fourth Plenary Session of the 18th Central Committee of the Communist Party of China (CPC), held in Beijing from October 20 to 23, set the blueprint for rule of law in the world's second-largest economy. Chang ...The Fourth Plenary Session of the 18th Central Committee of the Communist Party of China (CPC), held in Beijing from October 20 to 23, set the blueprint for rule of law in the world's second-largest economy. Chang Jiwena professor with the Institute of Law at the Chinese Academy of Social Sciences, believes the meeting has taken the rule of law to a higher level. Excerpts of his arguments follow:展开更多
The CPC Central Committee with Comrade Hu Jintao as the general secretary puts forward the new concept of socialist rule of law, which is the great ideological and theoretical achievement of China’s reform and openin...The CPC Central Committee with Comrade Hu Jintao as the general secretary puts forward the new concept of socialist rule of law, which is the great ideological and theoretical achievement of China’s reform and opening up and socialist construction. From the concrete connotation, this article analyzes the formation of the socialist rule of law. The unique social and historical conditions, the progress of social civilization, the increasing public awareness of the rule of law, the pursuit and sublimation of the rule of law experience of the ruling party contributed to the establishment and development of the socialist concept of rule of law. At the same time, it is suggested that the rule of law should be popularized in the whole society, and the socialist rule of law can be transformed into the conscious action of the ruling party, state organs, social organizations and all citizens, so that the concept of socialist rule of law will truly attract and benefit the masses. The great practice of the people.展开更多
Beyond the existing academic viewpoints, clarifying the scientific meaning of the rule of law in China in the binary interaction between subject and object is the prerequisite for reifying the rule of law in China fro...Beyond the existing academic viewpoints, clarifying the scientific meaning of the rule of law in China in the binary interaction between subject and object is the prerequisite for reifying the rule of law in China from an abstract symbol to a logic in action. The subject dimension of rule of law in China subsumes the legal consciousness, self confidence, independence and self-improvement of the subject. The object dimension of the rule of law in China focuses the relation mode and governance pattern between right and power. In the dimension of time, the rule of law in China is the unification of history and reality of China model. In the dimension of space, the rule of law in China is committed to seeking the right to speech, governance, management and development from the perspective of globalization.展开更多
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
The symposium on "Comprehensively Advancing Rule of Law and China's Human Rights New Development" was successfully held on April 11,2017 at Southwest University of Political Science and Law The symposium...The symposium on "Comprehensively Advancing Rule of Law and China's Human Rights New Development" was successfully held on April 11,2017 at Southwest University of Political Science and Law The symposium was organized by the China Society for Human Rights Studies and hosted by the Institute of Human Rights at Southwest University of Political Science and Law Representatives from the Commission of Legislative Affairs of the NPC Standing Committee,the Legislative Affairs Office of the State Council,the Ministry of Public Security,the Ministry of Justice,the Supreme People's Court,the Supreme People's Procuratorate and other relevant departments,and experts and scholars from human rights research institutes and colleges and universities conducted in-depth discussions and exchanged views on topics such as the "general theory of rule of law and human rights","scientific legislation and the progress of China's human rights cause","administration by law and the progress of China's human rights cause","judicial justice and the progress of China's human rights cause","concept of rule of law and the progress of China's human rights cause" among other issues展开更多
The Decision made at the Fourth Plenary Session of the 18 th Central Committee of the Communist Party of China(CPC) on comprehensively advancing the rule of law is an ambitious plan for ensuring human rights through t...The Decision made at the Fourth Plenary Session of the 18 th Central Committee of the Communist Party of China(CPC) on comprehensively advancing the rule of law is an ambitious plan for ensuring human rights through the rule of law. The Decision has fully embodied the constitutional spirit of 'respecting and preserving human rights,' and reflects the strategies and plans of the CPC to comprehensively preserve human rights in the course of 'comprehensively advancing the rule of law'. In the process of comprehensively preserving human rights, the leadership of the CPC has to be upheld. The relationship between the CPC and the rule of law is the core issue in lawbased governance and also the core issue in comprehensively preserving human rights.展开更多
Key points:Throughout the ages,rule of law has been an indispensable means of governing a state.However,as General Secretary Xi Jinping has pointed out,it is not enough to govern a state by the rule of law
A market economy requires the individual rights of citizens be protected, and that the exercising of those rights be regulated, whose realization depends on the legalization of human rights protection On the one hand...A market economy requires the individual rights of citizens be protected, and that the exercising of those rights be regulated, whose realization depends on the legalization of human rights protection On the one hand, individual rights must be protected by law On the other hand, a law-based society needs to be built so the boundaries of individual rights are clear, the exercising of those rights are regulated, conflicts between rights can be resolved through the courts, and the personal infringement of others’ rights and the overall interests of the society is prohibited by law During the 40 years of China’s ref orm and opening-up in China, the promotion of the legal protection of human rights mainly lies in three aspects: first, the important role of the rule of law plays in protecting human rights has been clarified; second, the four steps of the rule of law(scientific legislation, strict law enforcement, judicial justice and observance of the law by all Chinese citizens) have been strengthened to safeguard human rights fully and effectively; third, the Chinese human rights system under the rule of law has gradually been aligned with international norms.展开更多
People with mental disorders are a special group that are at high risk of living in poverty China’s legal system concerning mental health is far from adequate in both theoretical and practical aspects,such as legisla...People with mental disorders are a special group that are at high risk of living in poverty China’s legal system concerning mental health is far from adequate in both theoretical and practical aspects,such as legislative concepts,institutional structure,legal norms,and targeted poverty reduction through health care The improvement of China’s legal system concerning mental health needs to focus on protecting the rights and interests of people with mental disorders and take the following measures,including the precise poverty control for people with mental disorders,addressing comprehensive empowerment,and strengthening the subjective status of people with mental disorders,promoting the"community based"model of mental health governance based on social return,improving the financing mechanism and making use of the advantages of local governance.展开更多
1. Introduction The role of law and human rights in Chinese traditional culture seem to be a real conundrum with misunderstanding and controversies. Some Western politicians and scholars who did not probably delve int...1. Introduction The role of law and human rights in Chinese traditional culture seem to be a real conundrum with misunderstanding and controversies. Some Western politicians and scholars who did not probably delve into and equip with related knowledge were apt to take an adverse stand. For example, Chris Pat-展开更多
The Third Plenary Session of the 18th Central Committee of the Communist Party of China (CPC) was a vi-tally important meeting during the decisive stage of China constructing a well-off society in an all-round way. ...The Third Plenary Session of the 18th Central Committee of the Communist Party of China (CPC) was a vi-tally important meeting during the decisive stage of China constructing a well-off society in an all-round way. It endorsed the CPC Central Committee's "Decision on Certain Key Issues on Comprehensively Deepening Reform" (hereafter, "the decision.") The decision condensed the thinking and wisdom of the entire Party and society regarding comprehensively deepening reform and made a series of new breakthroughs in theory and politics related to reform.展开更多
文摘The inclusion of the human rights clause in the Chi-nese Constitution is the core normative manifestation of the constitu-tionalization of human rights,and points to the relationship between international law and the Constitution in the sense of positive law.The inclusion of the human rights clauses in the Chinese Constitution itself is an inherent part of the development of China’s socialist constitution,and socialism has already contributed valuable concepts and practices of human rights protection to the modern world in its early stage.The constitutionalization of human rights protection does not necessarily lead to the superiority of international law over the constitutional order of a country,but rather to the convergence of international law and domestic law through the constitutional order.The relevant rules of international law will be effective only when they are transformed into domestic law through the Constitution and the human rights clause in the Constitution.Correspondingly,the domestic legal order is brought into line with the international legal order through the Con-stitution and its human rights clause.Behind the system of fundamen-tal rights in the constitutional order is the value foundation of the en-tire legal system.The advancement of foreign-related rule of law has brought new opportunities for China’s judicial practice to further pro-mote the protection of human rights.In the future,we should further integrate the human rights values embedded in socialism into China’s constitutional practice,enhance human rights protection around the country,and take a more active part in global human rights gover-nance.
文摘Rule of law education in primary and secondary schools is an educational process to popularize legal knowledge,establish legal awareness,and cultivate the ability to respect,abide by,and use the law for the special group of primary and secondary school students.The research found that rule of law education in primary and secondary schools in Chaoshan has yielded positive outcomes.However,there exist problems such as uneven synergy,incomplete inclusion of teachers and students,shortage of adequately trained professional teachers,and the need for enhanced organizational support.The relevance and effectiveness of rule of law education in primary and secondary schools will be enhanced by clarifying the target tasks,enhancing the effectiveness of the classroom,creating an atmosphere of the rule of law,and strengthening organizational support.
文摘On December 4,2023,the China Society for Human Rights Studies hosted a seminar in Beijing commemorating the 75^(th) Anniversary of the Universal Declaration of Human Rights.Participants discussed topics such as the significance of the Universal Declaration of Human Rights,China’s theories and practices in respecting and safeguarding human rights,the three global initiatives and global human rights governance,human rights protection in the digital age,and telling Chinese stories of human rights in the new era.The discussions led to a broad consensus and achieved positive results.
文摘Exploring the inner law of the economic operation of urbanization can understand the regulation mechanism of the optimal distribution of urban resource allocation. In this regard, we propose to explore and analyze the inner law of urbanization economic operation and its application. The study found that the urbanization economy originated from the urban agglomeration effect, which includes the agglomeration economic operation mechanism and spillover effect operation mechanism, based on which three kinds of inner laws of urbanization economic operation are explored, combined with the economic operation law, the non-equilibrium state of the declining cities are regulated and applied, and the results show that the analysis of the inner laws of urbanization economic operation has a direct significance in guiding the real economic process.
基金The phased achievements of the Major Project of National Social Science Fund of China“A Study on the Civil Law Spirit and the People-Centered Model of the Construction of Socialist Rule of Law Culture”(14ZDC022)
文摘The continuous debate on the formal rule of law and the substantive rule of law in the construction of the rule of law in China not only affects the understanding of the connotation of the rule of law in China,but also the choice of the path for the development of the rule of law in China.In the new stage of “comprehensively advancing the Law-Based Governance of China”,the process of “comprehensively advancing the Law-Based Governance of China” is also a process of continuously improving the rule of law quality in China.And from this perspective,the relationship between the formal rule of law and the substantive rule of law has got a new meaning.Promoting the substantive rule of law is an important way to realize the development of the rule of law and improve the quality of the rule of law.At the same time,the promotion of the substantive rule of law should follow the “people-centered” nature of the rule of law and the objective is conducive to the promotion of the rule of law and the formation of the “rule of law ecology”.
文摘Law is the fundamental method of governance and the rule of law symbolizes modern civilization. The socialist rule of law is the rule of law rooted in the Chinese tradition, and designed and led by the Communist Party of China(CPC). It is not only a tool for government, but also a driver of social progress. Meanwhile, the Chinese human rights system is also designed by the CPC. Both concepts—the socialist rule of law and the human rights system——are different from the West in terms of theory, path and systems. Human rights are the fundamental values of and the ultimate goal pursued by the rule of law; and the rule of law is the recognition of and guarantee for human rights. Efforts must be made to advance legislative, administrative and judicial protection of human rights.
文摘Both civil&commercial law and economic law are the main legal basis for supervising market behavior and regulating market order.They are indispensable laws in the national economic development and construction.By analyzing the relationship between civil&commercial law and economic law in the context of market economy,this article explores the similarities and differences between,and through the perfection and application of the two,China’s social and economic stability and a lasting progress can be better realized under the mechanism of market economy.
文摘The Fourth Plenary Session of the 18th Central Committee of the Communist Party of China (CPC), held in Beijing from October 20 to 23, set the blueprint for rule of law in the world's second-largest economy. Chang Jiwena professor with the Institute of Law at the Chinese Academy of Social Sciences, believes the meeting has taken the rule of law to a higher level. Excerpts of his arguments follow:
文摘The CPC Central Committee with Comrade Hu Jintao as the general secretary puts forward the new concept of socialist rule of law, which is the great ideological and theoretical achievement of China’s reform and opening up and socialist construction. From the concrete connotation, this article analyzes the formation of the socialist rule of law. The unique social and historical conditions, the progress of social civilization, the increasing public awareness of the rule of law, the pursuit and sublimation of the rule of law experience of the ruling party contributed to the establishment and development of the socialist concept of rule of law. At the same time, it is suggested that the rule of law should be popularized in the whole society, and the socialist rule of law can be transformed into the conscious action of the ruling party, state organs, social organizations and all citizens, so that the concept of socialist rule of law will truly attract and benefit the masses. The great practice of the people.
文摘Beyond the existing academic viewpoints, clarifying the scientific meaning of the rule of law in China in the binary interaction between subject and object is the prerequisite for reifying the rule of law in China from an abstract symbol to a logic in action. The subject dimension of rule of law in China subsumes the legal consciousness, self confidence, independence and self-improvement of the subject. The object dimension of the rule of law in China focuses the relation mode and governance pattern between right and power. In the dimension of time, the rule of law in China is the unification of history and reality of China model. In the dimension of space, the rule of law in China is committed to seeking the right to speech, governance, management and development from the perspective of globalization.
文摘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.
文摘The symposium on "Comprehensively Advancing Rule of Law and China's Human Rights New Development" was successfully held on April 11,2017 at Southwest University of Political Science and Law The symposium was organized by the China Society for Human Rights Studies and hosted by the Institute of Human Rights at Southwest University of Political Science and Law Representatives from the Commission of Legislative Affairs of the NPC Standing Committee,the Legislative Affairs Office of the State Council,the Ministry of Public Security,the Ministry of Justice,the Supreme People's Court,the Supreme People's Procuratorate and other relevant departments,and experts and scholars from human rights research institutes and colleges and universities conducted in-depth discussions and exchanged views on topics such as the "general theory of rule of law and human rights","scientific legislation and the progress of China's human rights cause","administration by law and the progress of China's human rights cause","judicial justice and the progress of China's human rights cause","concept of rule of law and the progress of China's human rights cause" among other issues
文摘The Decision made at the Fourth Plenary Session of the 18 th Central Committee of the Communist Party of China(CPC) on comprehensively advancing the rule of law is an ambitious plan for ensuring human rights through the rule of law. The Decision has fully embodied the constitutional spirit of 'respecting and preserving human rights,' and reflects the strategies and plans of the CPC to comprehensively preserve human rights in the course of 'comprehensively advancing the rule of law'. In the process of comprehensively preserving human rights, the leadership of the CPC has to be upheld. The relationship between the CPC and the rule of law is the core issue in lawbased governance and also the core issue in comprehensively preserving human rights.
文摘Key points:Throughout the ages,rule of law has been an indispensable means of governing a state.However,as General Secretary Xi Jinping has pointed out,it is not enough to govern a state by the rule of law
文摘A market economy requires the individual rights of citizens be protected, and that the exercising of those rights be regulated, whose realization depends on the legalization of human rights protection On the one hand, individual rights must be protected by law On the other hand, a law-based society needs to be built so the boundaries of individual rights are clear, the exercising of those rights are regulated, conflicts between rights can be resolved through the courts, and the personal infringement of others’ rights and the overall interests of the society is prohibited by law During the 40 years of China’s ref orm and opening-up in China, the promotion of the legal protection of human rights mainly lies in three aspects: first, the important role of the rule of law plays in protecting human rights has been clarified; second, the four steps of the rule of law(scientific legislation, strict law enforcement, judicial justice and observance of the law by all Chinese citizens) have been strengthened to safeguard human rights fully and effectively; third, the Chinese human rights system under the rule of law has gradually been aligned with international norms.
基金a phasic research result of“Research on the Improvement of Legal Protection of the Social Rights of People with Mental Disorders in Beijing Municipality from the Perspective of Resocialization”(Project No.19JDFXA004),a key project of the research base of the Beijing Social Science Foundation.
文摘People with mental disorders are a special group that are at high risk of living in poverty China’s legal system concerning mental health is far from adequate in both theoretical and practical aspects,such as legislative concepts,institutional structure,legal norms,and targeted poverty reduction through health care The improvement of China’s legal system concerning mental health needs to focus on protecting the rights and interests of people with mental disorders and take the following measures,including the precise poverty control for people with mental disorders,addressing comprehensive empowerment,and strengthening the subjective status of people with mental disorders,promoting the"community based"model of mental health governance based on social return,improving the financing mechanism and making use of the advantages of local governance.
文摘1. Introduction The role of law and human rights in Chinese traditional culture seem to be a real conundrum with misunderstanding and controversies. Some Western politicians and scholars who did not probably delve into and equip with related knowledge were apt to take an adverse stand. For example, Chris Pat-
文摘The Third Plenary Session of the 18th Central Committee of the Communist Party of China (CPC) was a vi-tally important meeting during the decisive stage of China constructing a well-off society in an all-round way. It endorsed the CPC Central Committee's "Decision on Certain Key Issues on Comprehensively Deepening Reform" (hereafter, "the decision.") The decision condensed the thinking and wisdom of the entire Party and society regarding comprehensively deepening reform and made a series of new breakthroughs in theory and politics related to reform.