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The Prosecutorial Protection of Digital Human Rights
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作者 张杰 NI Weisi(译) 《The Journal of Human Rights》 2023年第5期1016-1039,共24页
In the digital age,the rise of digital human rights has become an important expansion in the field of human rights.When advancing digital prosecution strategies,prosecutorial agencies should pay greater attention to t... In the digital age,the rise of digital human rights has become an important expansion in the field of human rights.When advancing digital prosecution strategies,prosecutorial agencies should pay greater attention to the protection of digital human rights.The fragile state of digital human rights and the unique position of prosecutorial agencies in human rights protection make it imperative that prosecutorial agencies place more emphasis on fulfilling their responsibilities in legal oversight to promote the protection of digital human rights.Currently,prosecutorial agencies have strengthened the protection of digital human rights through such measures as promoting legal oversight with big data,enhancing the handling of criminal cases involving citizens'digital human rights,expanding the scope of public interest litigation protecting digital human rights,and improving their roles in civil and administrative prosecution.However,there are still challenges related to the inadequacy of updating the mindset,the incompleteness of measures,and the lack of innovation in mechanisms and systems.Therefore,prosecutorial agencies should further align with the implementation of digital prosecution strategies,update their human rights protection concepts,intensify efforts to combat cybercrime,strengthen the protection of citizens'personal information through prosecution,enhance public interest protection of collective digital human rights through public interest litigation,and actively innovate prosecutorial work mechanisms and systems to bolster the protection of digital human rights. 展开更多
关键词 digital human rights legal supervision prosecutorial protection four-pronged procuratorial protection
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Unenumerated Rights Clauses and the System of Restriction on Fundamental Rights——Another Construction Plan for Article 51 of the Constitution of PRC
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作者 杜强强 QIAN Chuijun 《The Journal of Human Rights》 2023年第1期91-108,共18页
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
关键词 restriction on fundamental rights ¿legal construction ¿general freedom of action
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Strive to Develop the Human Rights Cause——Speech at the forum on entry of human rights into the Constitution and legal protection of human rights(December23,2004) 被引量:2
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作者 JIANG ZHENGHUA vice-chairman of the NPC Standing Committee 《The Journal of Human Rights》 2005年第2期2-3,共2页
关键词 Speech at the forum on entry of human rights into the Constitution and legal protection of human rights Strive to Develop the Human rights Cause December23 2004
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Objects of Criminal Legal Aid--Center On Judicial Justice and Human Rights Protection 被引量:1
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作者 FENG XIANGWU Law in Party School,Shantou Municipal Committee of the CPC 《The Journal of Human Rights》 2012年第3期15-19,共5页
The object of criminal legal aid refers to the person in a criminal case who has the right or eligibility toapply for legal assistance and who receives it. According to jurispru- dence, the object (or aid recipient)... The object of criminal legal aid refers to the person in a criminal case who has the right or eligibility toapply for legal assistance and who receives it. According to jurispru- dence, the object (or aid recipient) is a party in a given legal case, who is granted legal aid. They are often among the disadvantaged group in criminal cases, since most of them are mentally challenged, lack free- dom or have health problems.' Both international and domestic laws have certain norms regarding objects of criminal legal aid. Our domestic law places more emphasis on "defen- dants" while downplaying "suspects" and "victims" in identifying objects. 展开更多
关键词 Center On Judicial Justice and Human rights Protection Objects of Criminal legal Aid
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Legal protection of the rights of clinical trial subjects in China
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作者 Yuanpeng Ren Xinrui Jin +1 位作者 Shan Jiang Baisheng Jiang 《The Journal of Biomedical Research》 CAS CSCD 2018年第2期77-80,共4页
Subjects in clinical trials, either patients with the target disease or healthy vohmteers, inevitably run a risk of injury or even death. To protect human subjects' rights to life and health, the Declaration of Helsi... Subjects in clinical trials, either patients with the target disease or healthy vohmteers, inevitably run a risk of injury or even death. To protect human subjects' rights to life and health, the Declaration of Helsinki has been developed as "a statement of ethical principles for medical research involving human subjects. Though widely regarded as a milestone in human research ethics, it is not a law or regulation, and is unable to effectively protect human subjects' rights. In this context, China beefs up its legal protection of clinical trial subjects. 展开更多
关键词 legal protection of the rights of clinical trial subjects in China
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The Nomocracy Pursuit of "the Maritime Silk Road"--On Legal Guarantee of State's Marine Rights and Interests
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作者 Pei Zhaobin Wang Lili 《Journal of Shipping and Ocean Engineering》 2016年第2期123-128,共6页
"The Maritime Silk Road", part of China's maritime power strategy, will safeguard the realization of "Chinese Dream". "The Maritime Silk Road" needs desperately legal guarantee of State's marine rights and int... "The Maritime Silk Road", part of China's maritime power strategy, will safeguard the realization of "Chinese Dream". "The Maritime Silk Road" needs desperately legal guarantee of State's marine rights and interest. The primary target of this paper is to put forward several suggestions on the legal guarantee of maritime rights protection based on analyzing the present situation of China legal system. 展开更多
关键词 The Maritime Silk Road marine rights and interests legal guarantee.
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Impact of Sino-US Trade Agreement on Chinese Legal System about Intellectual Property Rights
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作者 Ting Liu 《Journal of Finance Research》 2020年第2期16-20,共5页
On January 15,2020,the representatives of Sino-US trade signed Phase I Economic and Trade Agreement Between the Government of the People’s Republic of China and the Government of the United States of America in Washi... On January 15,2020,the representatives of Sino-US trade signed Phase I Economic and Trade Agreement Between the Government of the People’s Republic of China and the Government of the United States of America in Washington,which symbolizes the temporary settlement of two-year Sino-US trade war in relatively peaceful method and lays a good foundation in mutual trust for subsequent Phase II negotiation.This Agreement includes eight chapters involving Sino-US economic and trade and is called the model of the international bilateral agreement by virtue of its wide field and rigorous details.The impact of clauses about intellectual property rights on China’s current legal system and the future revision direction of China’s relevant laws for conformance with the Agreement will be discussed emphatically so that the author can rapidly understand the impact and significance of Sino-US trade agreement to Chinese law. 展开更多
关键词 Sino-US trade agreement Chinese legal system Tntellectual property rights
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Initial Analysis on the Legal Protection of Consumers' Rights and Interests in Network Transaction
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作者 Xiaoqing Ren 《International Journal of Technology Management》 2016年第7期5-7,共3页
With the development of network technology and information technology, electronic commerce as a new business model wiht itsnew trading ideas-+, In changing the traditional business structure,but also gradually changi... With the development of network technology and information technology, electronic commerce as a new business model wiht itsnew trading ideas-+, In changing the traditional business structure,but also gradually changing people’s shopping patterns and consumptionpatterns,Online shopping has become the preferred way of shopping.Changes in consumption patterns will inevitably lead to new problems inthe process of consumption,and the development speed of the problem in sync with the development speed of network economy,as far as therenewal speed of laws and regulations is concerned,this asymmetric development is bound to bring great inconvenience to the consumer rights innetwork transactions.In this paper, from the angle of legal protection,the protection of consumer rights and interests in network transactions areexpounded,analysis of the current situation and reasons of the consumers’ rights and interests are infringed upon in the network transaction,learnfrom the experience of foreign consumer rights and interests protection,In order to put forward effective suggestions on the system constructionof the protection of consumer rights and interests. 展开更多
关键词 network transaction consumer’s rights and interests legal prote
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Rural Legal Aid in the Perspective of Human Rights:Status Quo and Reform
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作者 黄娟 JIANG Lin(译) 《The Journal of Human Rights》 2018年第4期427-438,共12页
As one of the human rights protection systems for rural residents, legal aid is an important well-being project. It provides legal assistance to the rural population with regard to every aspect of the application of t... As one of the human rights protection systems for rural residents, legal aid is an important well-being project. It provides legal assistance to the rural population with regard to every aspect of the application of the law, and reflects the care and assistance given to rural residents. It is an important way to ensure the equal realization of legitimate rights and interests of rural residents, and it is also a powerful measure to promote the all-round development of the rural population. After more than 20 years of growth, China’s rural legal aid work has achieved gratifying results. However, there are still outstanding problems such as unbalanced supply and demand, narrow scope, and tight funding. Therefore, we should build on the practice of rural legal aid to expand the number of aid teams, improve the quality of legal aid, broaden the scope of aid, and provide financial support so that rural legal aid can be truly visible, accessible, affordable and well performed. 展开更多
关键词 human rights right to equality right to development legal aid
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Forty Years' Construction of Rule of Law and the Legalization of Human Rights Protection in China
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作者 常健 NI Weisi(译) 《The Journal of Human Rights》 2018年第2期202-222,共21页
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
关键词 construction of rule of law human rights protection reform and opening up legalIZATION
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Book on Citizens' Legal Rights Published
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作者 GUO YIWEI 《The Journal of Human Rights》 2008年第1期38-38,共1页
A book on the legal rights of citizens has been published by the China Procuratorate Publishing House.
关键词 Book on Citizens legal rights Published
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On Legal Protection of Human Rights for the "Underprivileged"
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作者 ZHU MUZHI The author is the honorary president of China Society for Human Rights Studies. 《The Journal of Human Rights》 2005年第5期6-7,共2页
关键词 On legal Protection of Human rights for the Underprivileged
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New Realms and New Highlights in the Legal Protection of Human Rights——Theoretical and Practical Innovations in the Legal Protection of Human Rights Since the 18th CPC National Congress
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作者 XIAN KAILIN LIU ZHUANGQIONG 《The Journal of Human Rights》 2014年第6期29-32,共4页
Since the 18th National Congress of the Communist Party of China (CPC), the system for the legal protection of human rignts under socialism with Chinese characteristics has experienced innowtive development. In part... Since the 18th National Congress of the Communist Party of China (CPC), the system for the legal protection of human rignts under socialism with Chinese characteristics has experienced innowtive development. In particular, the Decision on Certain Key Issues on Comprehensively Deepening Reform, which was adopted by the Third Plenary Session of the 18th CPC Central Committee, has made major reform arrangements related to the system and mechanisms for the legal protection of human rights under socialism with Chinese characteristics. Taking the theoretical and practical innovations since the 18th CPC National Congress in the protection of human rights as its perspective, this, article discusses new realms and new highlights in the legal protection of human rights. 展开更多
关键词 CPC Theoretical and Practical Innovations in the legal Protection of Human rights Since the 18th CPC National Congress New Realms and New Highlights in the legal Protection of Human rights
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Protection of Human Rights Under China's Legal System——An interview with Prof. Wan Exiang
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作者 Wang Kongxiang, Xuan Hailin are PhD candidates at the Law School of Wuhan University, and Gu Shengkai is a staff reporter of the Human Rights magazine. 《The Journal of Human Rights》 2005年第1期8-11,共4页
Wan Exiang, professor of the Law School of Wuhan University, doubles as justice and vice-president of China's Supreme People's Court. He is also vice-chairman of the Revolutionary Committee of the Chinese Kuom... Wan Exiang, professor of the Law School of Wuhan University, doubles as justice and vice-president of China's Supreme People's Court. He is also vice-chairman of the Revolutionary Committee of the Chinese Kuomintang, one of the democratic parties in China, and member of the Tenth National Committee of the Chinese People's Political Consultative Conference, China's highest consulting body. Prof. Wan is reputed in China and abroad for his achievements in study of international human rights laws and also as the founder of the Wuhan University Center for Protection of the Rights of the Underprivileged in Society, the first of its kind ever set up in the country. Since its founding a decade ago, the center has won a fame for the quality legal services it renders to needy people in their tens of thousands, including disabled people, juveniles, women and workers laid off from state-owned enterprises in the course of China's economic restructuring. While a press favorite at home, the center has received coverage by the NHK TV of Japan, Washington Post of the United States, Phoenix TV of Hong Kong and numerous other media outside the Chinese mainland. Following is an interview with Prof. Wan Exiang, in which he discussed how human rights are protected under China's legal system and in what ways the system should be improved. 展开更多
关键词 An interview with Prof VIEW Protection of Human rights Under China’s legal System Wan Exiang
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For a Legal Guarantee to Improve People’s Livelihood and Protect Human Rights——Thoughts on policy concerning Social Insurance Law (draft)
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作者 NIU YOUNING 《The Journal of Human Rights》 2010年第4期29-31,共3页
The People's Republic of China Social Insurance Law (draft) has undergone three readings at the Standing Committee of the National People's Congress. The Law, once promulgated, will be of great significance to imp... The People's Republic of China Social Insurance Law (draft) has undergone three readings at the Standing Committee of the National People's Congress. The Law, once promulgated, will be of great significance to implementation of the constitutional principle of "respecting and protecting human rights." It will help regulate the various social insurance relationships and the rights and obligations of the parties involved. 展开更多
关键词 For a legal Guarantee to Improve People Thoughts on policy concerning Social draft s Livelihood and Protect Human rights
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New Progress in the Legal Protection of Human Rights in China
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《The Journal of Human Rights》 2018年第1期77-99,共23页
December 2017 Contents PreambleⅠ.Improving the Legal Framework to Ensure Human RightsⅡ.Promoting Law-based Administration to Protect the Citizens’Lawful Rights and InterestsⅢ.Effectively Enhancing Judicial Protect... December 2017 Contents PreambleⅠ.Improving the Legal Framework to Ensure Human RightsⅡ.Promoting Law-based Administration to Protect the Citizens’Lawful Rights and InterestsⅢ.Effectively Enhancing Judicial Protection of Human RightsⅣ.Consolidating Social Mechanisms for Legal Protection of Human RightsⅤ.Strengthening the CPC Leadership over Legal Protection of Human RightsⅥ.Actively Promoting the Development of Global Human Rights Under the Rule of Law 展开更多
关键词 PRO New Progress in the legal Protection of Human rights in China
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Promote Legal Protection of Human Rights
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作者 ZHOU JUE 《The Journal of Human Rights》 2005年第3期7-9,共3页
One. On the constitutional principle for human rights In March 2004, the Constitution of the People’s Republic of China was revised at the Second Session of the Tenth National People’s Congress (NPC). The clause tha... One. On the constitutional principle for human rights In March 2004, the Constitution of the People’s Republic of China was revised at the Second Session of the Tenth National People’s Congress (NPC). The clause that "The state shall respect and protect human rights" was written into the Constitution for the first time, thus making the policy of the Chinese government and the ruling Communist Party for respecting and protecting human rights a constitutional principle and the will of the people and the state. The revision means stronger protection for human rights in China, and it is meant to promote the development of the country’s human rights cause in its 展开更多
关键词 Promote legal Protection of Human rights
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Forum Highlights Constitutional and Legal Protection For Human Rights
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作者 JIAN MIN 《The Journal of Human Rights》 2005年第2期38-38,共1页
关键词 Forum Highlights Constitutional and legal Protection For Human rights
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Strengthen the Legal Protection of Human Rights and Promote the Development of Human Rights Cause
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作者 韩大元 LI Man 《The Journal of Human Rights》 2017年第6期535-539,共5页
The 19;National Congress of the Communist Party of China established Xi Jinping’s socialist ideology with Chinese characteristics in a new era,and opened up a new era for the socialist construction with Chinese chara... The 19;National Congress of the Communist Party of China established Xi Jinping’s socialist ideology with Chinese characteristics in a new era,and opened up a new era for the socialist construction with Chinese characteristics.This indicates the direction for China’s human rights cause to move towards a new era,which has laid 展开更多
关键词 Strengthen the legal Protection of Human rights and Promote the Development of Human rights Cause
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Human Rights and Liberalization of Judicial and Legal System in Uzbekistan
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作者 A. SAIDOV 《The Journal of Human Rights》 2007年第4期32-37,共6页
I. Introduction Today's Uzbekistan with its 25 million populations geographically and politically presents the basis of Central Asia. One of the most ancient civilizations in the world was born in this region. The g... I. Introduction Today's Uzbekistan with its 25 million populations geographically and politically presents the basis of Central Asia. One of the most ancient civilizations in the world was born in this region. The great Silk Road passed through its territory in the past. The history of my nation is deeply rooted in the centuries and counts more than 3,000 years. From the ancient times such cities as Tashkent, Samarkand, Bukhara, Khiva, Termez are well known in the world and their links were spread from China to Spain and from Europe to Indian Ocean. 展开更多
关键词 Human rights and Liberalization of Judicial and legal System in Uzbekistan
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