Pragmatist View of Human Rights:Theoretical Explanations of China’s Human Rights Practice

The pragmatist view of human rights represents a the-oretical condensation of the Chinese practice in human rights devel-opment.In view of the problem of circular idling between rights and claims caused by the traditional view of human rights of focusing on contents and not valuing implementation,social segmentation caused by empty talks on interests and claims while ignoring social develop-ment,and the phenomenon of the issue of human rights completely becoming empty and useless political rhetoric,the pragmatic view of human rights,based on the fact that there is a gap between the claims and realization of human rights,emphasizes that instead of blindly ex-panding the types of rights in term of text,it is better to base on prac-tice and promote the maximum realization of existing rights through development.The pragmatist view of human rights attaches impor-tance to relevant economic,social and cultural basis to promote the realization of human rights,rather than only focusing on the claims themselves;it pays greater attention to enhancing the realization of rights,rather than the distribution of rights under the total limit;it ad-vocates more for cooperativism in the realization of rights,rather than confrontation.The pragmatic concept of human rights takes Marxism as its theoretical basis and the gene of practice and the dimension of development as its theoretical characteristics,and promotes the devel-opment of human rights through the realization of rights.

An In-depth Interpretation of the Universal Declaration of Human Rights With the Common Values of Humanity As the Research Paradigm

Interpreting the Universal Declaration of Human Rights from political,juridical and philosophical perspectives is es-sential for promoting the guiding principles of the Declaration,build-ing consensus on human rights,and advancing human rights practice in the new historical context.To conduct an academic,systematic in-terpretation of the Declaration that conforms to the trends of the times and answers the fundamental questions of the world,it is necessary to find a new research paradigm.The common values of humanity,namely peace,development,equity,justice,democracy and freedom,put forward by Xi Jinping,general secretary of the Communist Party of China(CPC)Central Committee,provide the most explanatory and penetrating scientific paradigm for reaching the issue.This paper an-alyzes and reflects on the views,value foundation and principled(con-tractual)consensus of human rights in the Declaration,and narrates and foresees the far-reaching significance of the three global initia-tives(namely,the Global Development Initiative,the Global Security Initiative,and the Global Civilization Initiative)with the common val-ues of humanity as the soul in advancing the modernization of global human rights governance and building a new form of human rights civilization.

Women's Liberation during the Initial Stage of P. R. China: A Human Rights Perspective

The liberation of women is the historical process in which women have striven for gender equality, freedom from oppression, confinement and discrimination, and are becoming the masters of the society and their own destinies. According to the diversity in history and the state, the process can be divided into a serial of correlated phases, with each phase focusing on different issues. Sexism order in China had remained stable in the traditional society for centuries through a set of institutions. Women had believed in a sexual order and the rules of propriety, which advocated that men were superior to women. After the People’s Republic of China was founded in 1949, women’s rights in politics, economy, society, and even family were recognized and secured by the Constitution and laws just as men’s during a short period. Women’s liberation in China has made a significant progress.

Women's Rights in the Context of the Three-child Policy:Analyzing from the Constitutional Connotation of“the State Shall Protect the Mother”

Women's rights are essential human rights recognized by the international covenants on human rights and protected in the constitutions and laws of countries.In the context of implementing the three-child policy in China,women are facing pressures from childbearing and bringing up children as well as trying to have a career.It is clearly stipulated in Article 49 of China's Constitution"the mother is protected by the state,"the constitutional principle of equality of men and women shall be incorporated into the interpretation of this article,fully respecting women's subjectivity and equal rights and affirming the social benefits of childbearing and bringing up children.With the introduction of the three-child policy,the protection of women's rights shall focus on their reproductive rights,right to health,right to work and equal rights within the family.The system of women's rights is complex,relates to identity and must be open to the future.The state has the obligation to fully respect,actively promote and promote in a narrow sense the realization of women's rights.To better coordinate the implementation of the three-child policy and the protection of women's rights,we should introduce the concept of social gender equality,improve the system ofp ublic childcare services,home care leave and equal employment,and promote the implementation of relevant laws and policies with special attention being paid to women in rural areas and single mothers.

The Development of Legal Protection of Women's Human Rights in China

The legal confirmation process of women’s human rights has been undergoing great difficulties both in the United Nations and among nations. The Fourth World Conference on Women plays a role in promoting the legal protection of women’s human rights. Currently, the protection of women’s human rights has undoubtedly become the consensus of both international and domestic law. International conventions on human rights have become an important launching area for promoting international law on women’s human rights, owing to its legal binding force and supervising mechanism established under it. Domestic law has also become the first line of defense for protecting women’s human rights. However, it needs to be pointed out that, for international conventions on human rights and domestic legislation, the cognition and acceptance of social gender conception has not only promoted changes on forms, but, more importantly, on revolution at substantial level.

Protection of Human Rights Under China's Legal System——An interview with Prof. Wan Exiang

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.

Historical Research on Rights in the Eyes of Young Marx

Karl Marx’s insightful critique of bourgeois rights,represented in the Declaration of the Rights of Man and of the Citizen adopted by France,can be attributed to the short-term and longterm perspectives he adopted successively in his research.By reading works such as History of France in the Revolutionary Era and History of the French Revolutionary Parliament,Marx was able to examine the original intentions of the legislators in the period of the French Revolution.This short-term examination was the most intuitive and logical approach to studying the Declaration of the Rights of Man and of the Citizen,in which Marx focused on the research of the period of the French National Convention and its idea on property rights.The enigmatic political-legal facts that emerged in 1793 during the French Revolution,along with other incidents,presented an opportunity for Marx to turn to long-term rights surveys.In this context,Marx gradually shifted his attention from the legislators who were the shining protagonists of the“grand political historical drama”to the underlying forces that worked behind them,and in doing so understood how the two major achievements of the French Revolution provided an explanation for the historicity of the phenomenon of rights.Marx’s longterm rights surveys from the perspective of historical materialism were directly inspired by the Kreuznach Notes as well as famous scholars including Francois Guizot,Augustin Thierry,and Henri Saint-Simon.

Challenges and Countermeasures for Integrating the Protection of Environmental Rights into Actions for Addressing Climate Change

Climate change,which is the result of human activities,has wide-ranging impact.It poses a serious threat to human rights.Environmental rights are where the protection of the ecological environment and the development of human rights intersect.In view of the close relationship between the actions for addressing climate change and environmental rights,China should integrate the protection of environmental rights into the actions for addressing climate change,so as to achieve simultaneous development of both.In the process of coping with climate change,the right to climate stability that mainly pursues a“harmless”environment and the right to a more livable climate that pursues a“beautiful eco-environment”are specific manifestations of environmental rights and should be the priority of protection efforts.However,there are still some obstacles to achieving the coordinated development of the efforts to address climate change and the protection of environmental rights because traditional rights protection methods mainly give individuals subjective rights with the power to claim and are thus difficult to meet the needs of environmental rights protection in the context of climate change,and there are inherent value differences between responding to climate change and the realization of other human rights.Building a multi-level national obligation system to address climate change,giving full play to the role of courts in responding to climate change through moderate judicial activism,and coordinating the efforts to cope with climate change and the development of human rights under the guidance of a holistic system view are effective ways to overcome the aforementioned difficulties.

Human Rights as Unique Rights——an analysis of Raz's Political Concept of human Rights

The practice of international human rights has led to the development of the political notion of human rights in contemporary times and triggered the theoretical reflection on"what are human rights"The natural rights view,which is based on human nature,regards human rights as universal moral rights owned by everyone against all others.holding a different perspective from the natural rights view,Raz,the representative of the political notion of human rights,bases his view on the political function of human rights in restricting national sovereignty in international practice and defines human rights as the legal rights enjoyed by everyone against the country since the end of the World War ii,which should be enforced by fair and reliable international institutions.Unavoidably,Raz’s concept of human rights has been subject to questioning and criticism by natural right theorists.The controversy around Raz’s concept of human rights shows that:on one hand,the Western academic circle has not readied a basic consensus on the understanding of human rights based on international human rights practice;on the other hand,it deeply reveals the theoretical need for the international community to reach a basic consensus on international human rights practice in the historical context of the changing international legal order.

On the Criminal Protection of the Right to Education of Chinese Citizens——With a Review on Article 32 of the Amendment to the Criminal Law(Ⅺ)

The Amendment(Ⅺ)to the Criminal Law of the People’s Republic of China responds to the institutional needs of civic education,and supplements the clause of the Criminal Law on protection of citizens’right to education nuy means of Article 32.Imposing legal responsibility in the form of internal punishments,administrative punishments,and economic compensation have failed to prevent infringements on citizens’right to education.Its role as a"secondary protection law"is the conceptual obstacle that hinders the Criminal Law from effectively intervening in the field of citizens’right to education.The equivalence between the legal interests of people to the right to education and the rights protected by the existing charges in the Criminal Law is the legitimate basis for it to intervene in disputes over the right to education.Based on Article 32 of the Amendment(Ⅺ)to the Criminal Law of the People’s Republic of China,it is suggested to further clarify the prepositional law,improve the liability provisions for the right to education,change the modest and restrained view of the Criminal Law regarding protection of the right to education,and expand the behavior types of Article 32 provided in the Amendment(Ⅺ)in due time.

Integrative medicine:the guide line in women's reproductive health and the treatment of gynecological disease

Integrative medicine follows the principles in TCM that nature and human beings being correspondent with its holistic and dialectic views and explores the integrating point with theories and scientific data in modern medicine. During study on 16 gynecological diseases, the deficiency. In patients with pubertal uterine bleeding, ovulation is induced by acupuncture via decrease in central β-endorphin (β-EP) levels, which leads to the cure of anorexia nervosa by acupuncture via decrease in serum cortisol levels in early 1980s. These results in TCM lead to the idea that neuro-endocrine system is directly related to metabolic system which is also proved to be true in the treatment of polycystic ovary syndrome (PCOS) with or without hyperinsulinemia by two formulas (Yu's Tonifying Ricipe and Tian Gui Recipe,TGR) respectively according to differential diagnosis in TCM. Ovulation resulted with decrease in obesity, acanthosis nigricans, serum androgen, insulin, leptin and hyperthalamic neuropeptide Y (NPY), proopiomalanocortin (POMC) levels based on scientific data from both patients and an animal modal. It suggests that metabolic network, and the incidence of obesity, hypertension, diabetes and cancers of the endometrium and breast may be reduced among patients with PCOS in their future life while these recipes being taken long period. For perimenopausal syndrome, formula Geng Nian Chun (GNC)without increase in serum estrogen levels. In aging rats, it was found that GNC increased the ER and ERmRNA expressions in the ovarian axis and the spleen accompanying with increase in central β-EP, serotonin (5-HT) and peripheral interlutin-2 (IL-2) levels in aging rats without changes of estrogen levels. These data may refer to the release of symptoms in women with postmenopausal syndome. It suggests that GNC up-regulates the fading of neuro-endocrine-immune network. Prevention, alleviation of osteoporosis, cardiovascular disease and Alzheimer disease may be expected in aging women with long period taking GNC.

A NEW OBJECTIVE STEREOSCOPIC IMAGE ASSESSMENT MODEL BASED ON STEREOSCOPIC PERCEPTION

In order to establish a stereoscopic image quality assessment method which is consistent with human visual perception,we propose an objective stereoscopic image quality assessment method.It takes into account the strong correlation and high degree of structural between pixels of image.This method contains two models.One is the quality synthetic assessment of left-right view images,which is based on human visual characteristics,we use the Singular Value Decomposition(SVD)that can represent the degree of the distortion,and combine the qualities of left and right images by the characteristics of binocular superposition.The other model is stereoscopic perception quality assessment,due to strong stability of image’s singular value characteristics,we calculate the distance of the singular values and structural characteristic similarity of the absolute difference maps,and utilize the statistical value of the global error to evaluate stereoscopic perception.Finally,we combine two models to describe the stereoscopic image quality.Experimental results show that the correlation coefficients of the proposed assessment method and the human subjective perception are above 0.93,and the mean square errors are all less than 6.2,under JPEG,JP2K compression,Gaussian blurring,Gaussian white noise,H.264 coding distortion,and hybrid cross distortion.It indicates that the proposed stereoscopic objective method is consistent with human visual properties and also of availability.

Values and Human Rights

Values and the view of hu- man rights are the concepts in the superstructure that belong to the category of morality category. So-called value refers to people＇s attitude towards the choice between material wealth and spiritual wealth. Specifically speaking, it reflects the interests, demands, psychological and behav- ioral orientation of certain subjects. It is the inward rule which is used by people to measure the value of things, judge whether they are good or not and determine their attitude towards them.

人的尊严:跨越普遍主义与相对主义之争的人权共识——纪念《维也纳宣言与行动纲领》通过30周年

普遍主义与相对主义在人权领域的争议由来已久,《世界人权宣言》尝试以全人类纲领性文件的形式,用尊严的名义统合多样性和差异。第一次开宗明义地指出人的尊严是人权共识的,则是近半个世纪之后的《维也纳宣言与行动纲领》。《维也纳宣言与行动纲领》首次以国际性文件的形式确立了人的尊严作为跨越人权普遍主义与相对主义之争的人权共识。维也纳世界人权会议及《维也纳宣言与行动纲领》也成为用跨文化对话达成人权共识的生动展现。在未来,让人的尊严成为一个有内容、有厚度的人权基础概念是进一步努力的方向。

民行交叉视域下居住权与抵押权的权利冲突与协调

为尽可能避免居住权对抵押权实现的不利影响,部分不动产登记机构、住房公积金管理中心等通过行政规范性文件规定居住权的设立前置条件及其消极法律后果。这类规则既缺乏上位法依据,亦难与既有民法体系兼容,甚至已僭越了行政权合理介入物权的权力半径,不具备增设限制性条款的可行性。考虑到抵押权人及行政机关的风险防范与特殊利益,居住权与抵押权的权利冲突与协调应回归民法的私益对抗范畴,排除与民法规范相悖的绝对限制性规则,允许当事人在相对限制的界限内自主分配各自所应承担的风险并在一定条件下赋予抵押权人防御性救济权,减少抵押权人对居住权的抵触心理。为了发挥当事人之约定应有的对抗性效力,需辅之以不动产登记中心的特殊约定记载义务与风险提示义务,完善住房公积金管理中心、银行等机构的事前风险预警机制,从根本上消解居住权与抵押权的权利冲突状态。

《〈黑格尔法哲学批判〉导言》的基本内容及其当代启示

《〈黑格尔法哲学批判〉导言》蕴含极为丰富的思想内涵,也蕴藏着丰富的马克思主义思政教育理念。因此,深刻把握马克思在《〈黑格尔法哲学批判〉导言》中的核心思想,对建设中国特色社会主义具有重要作用。立足新时代,在我们对待宗教、培育马克思主义信仰、加强党的先进性和纯洁性建设方面,《〈黑格尔法哲学批判〉导言》都能为我们提供深刻的启示和借鉴。透过对《〈黑格尔法哲学批判〉导言》的深入理解,我们能够不断推进马克思主义宗教观与时俱进,始终秉持我国宗教中国化方向,以人民为中心,认识到人民群众是党持续发展的力量源泉,坚守马克思主义在意识形态中的指导地位,深化思政教育,更好理解马克思的批判理念,推动中华民族伟大复兴。

论青年马克思的权利观

权利问题是马克思早期文本的重要论题。早在大学时期,马克思就曾试图按照康德和费希特的方式建立一种新的法权哲学,但结果以失败告终。《莱茵报》时期,在黑格尔以及青年黑格尔派的影响下,马克思考察了人的自由平等权利问题,阐述了其理性自由主义的权利观。《德法年鉴》时期,马克思又在费尔巴哈的影响下,探究了权利的阶级属性和经济属性,分析了近代政治国家中权利二重化问题及其克服途径。青年马克思的权利观在不同时期深受黑格尔哲学或费尔巴哈人本主义思想的影响,但也包含着共产主义思想的萌芽,并为后来马克思构建历史唯物主义权利观奠定了基础。

《中华人民共和国妇女权益保障法》对马克思主义妇女观的传播

法律传播不仅使公众了解法律信息,更可以引导公众的态度和行为。2022年全面修订的《中华人民共和国妇女权益保障法》作为落实马克思主义妇女观、保障妇女权益的基本法律,其修订内容和修订程序通过组织传播、大众传播、人际传播等方式,向公众传递了中国化时代化的马克思主义妇女观。随着媒介技术的发展,借鉴《中华人民共和国妇女权益保障法》制定和历次修订的传播经验,可以指导新媒介环境下该法律的传播实践,进一步助力妇女全面发展,推动法治建设。

“站在历史正确的一边”的唯物史观意蕴——兼论“历史终结论”的终结

习近平总书记多次强调要“站在历史正确的一边”,主张以史为鉴、顺应历史,倡导和平发展,推动全人类的共同进步。面对20世纪末甚嚣尘上的“历史终结论”,“站在历史正确的一边”的观点准确把握现实的历史规律和历史大势,在唯物史观基础上展开了强有力的驳斥,消解了这种抽象的历史观。应当说,“站在历史正确的一边”的观点体现了在唯物史观指引下扬弃与超越资本文明,坚定走中国式现代化新道路的要求。历史并非如“历史终结论”所言已经“终结”,而是处在进步发展的过程中。为此,我们要紧跟历史前进的潮流,走以全人类自由全面发展为旨归的和平发展道路,构建“合作共赢”的人类命运共同体。

浅析电影《刮痧》中西文化冲突

随着经济全球化进程日益增快,各国文化交流需求更加迫切。由于中西文化差异,国际交往过程中难免出现冲突与碰撞。电影《刮痧》是中西方跨文化交际过程中的小缩影,再现了华裔在美国遇到的文化冲突。本文旨在通过电影所表现的文化冲突对中西方在面子观、朋友观、亲情观、儿童人权观以及法律文化方面进行比较分析,体现中西方文化共性和差异,并提出中西方文化融合的趋势和必然。求同存异是世界文化交流的基本准则,这样各国文化才能更好地传承与发展。