The International Labour Organization seems to only see the aspect of social security promoting economic growth,while neglecting the aspect of economic growth supporting social security.From the standpoint of material...The International Labour Organization seems to only see the aspect of social security promoting economic growth,while neglecting the aspect of economic growth supporting social security.From the standpoint of materialism and the practice of social security,the realization of social security rights for migrant workers fundamentally depends on economic growth.The Belt and Road Initiative has provided a Chinese solution for creating a strong material and technological foundation to meet the social security needs of all people,including migrant workers.展开更多
This paper analyses the status quo of migrant workers' lack of cultural rights and interests as follows:the holistic cultural life of migrant workers is scant and monotonous;the cultural facilities provided by the...This paper analyses the status quo of migrant workers' lack of cultural rights and interests as follows:the holistic cultural life of migrant workers is scant and monotonous;the cultural facilities provided by the majority of enterprises are critically short;the cultural life of migrant workers has the characteristic of closeness to some extent;the holistic cultural consuming capacity of migrant workers is very low,and they are not satisfied with their own cultural life.This paper puts forward the measures that the government should adopt to make up for the lack of migrant workers' cultural rights and interests as follows:first,it should eliminate discrimination in terms of system,and incorporate migrant workers' cultural rights and interests into the building scope of urban public culture;second,it should establish a variety of free public culture facilities,to adapt to the needs of migrant workers;third,it should formulate various kinds of laws and regulations,to effectively safeguard migrant workers' cultural rights and interests.展开更多
Protecting the rights and interests of workers and staff members constitutes an important aspect of China's human rights protection. At the time when the country is dealing with impacts of the global financial crisis...Protecting the rights and interests of workers and staff members constitutes an important aspect of China's human rights protection. At the time when the country is dealing with impacts of the global financial crisis, the All-China Federation of Trade Unions has been working fruitfully and effectively to accelerate economic and social development and safeguard the legitimate rights and interests of workers, therefore making contributions to the protection of the rights and interests of Chinese workers. Now I would like to make a brief introduction on this subject.展开更多
EDITOR'S NOTE: FoUowing are some of the stories about how migrant workers' rights and interests are protected in Zhejiang, one of the best developed province on the Chinese mainland. Through interviews with more th...EDITOR'S NOTE: FoUowing are some of the stories about how migrant workers' rights and interests are protected in Zhejiang, one of the best developed province on the Chinese mainland. Through interviews with more than 100 migrant workers in the province, we found that migrant workers there enjoy equal treatment as their counterparts registered as urban residents, and that their rights and interests are effectively protected.展开更多
Farmer workers are a new powerful workforce that has sprung up amid China's reform and door opening and in the process of the country's industrialization and urbanization. They have made great contributions to urban...Farmer workers are a new powerful workforce that has sprung up amid China's reform and door opening and in the process of the country's industrialization and urbanization. They have made great contributions to urban prosperity, rural development and their country's modernization. At present, however, farmer workers face numerous difficulties and problems in income, work safety, social security, vocational training, the schooling of their children and living conditions. To safeguard the legitimate rights and interests of farmer workers, the State Council in March 2006 issued Ideas of the State Council on Solving Farmer Workers-related Problems. In the document, the State Council promises to strengthen and improve leadership over work regarding farmer workers and prioritize the solving of farmer workers-related problems.展开更多
On October 27, 2001, the Standing Committee of the National People's Congress adopted a decision on revision of the People's Republic of China Trade Union Law. Guan Huai, legal advisor to the All-China Federat...On October 27, 2001, the Standing Committee of the National People's Congress adopted a decision on revision of the People's Republic of China Trade Union Law. Guan Huai, legal advisor to the All-China Federation of Trade Unions, had the following to say in an interview with the Human Rights:展开更多
During the course of 2004, the Chinese trade unions earnestly implemented their strategy of "Organizing for Better Protection," steppedup efforts to regulate industrial relations, effectively defended the legitimate...During the course of 2004, the Chinese trade unions earnestly implemented their strategy of "Organizing for Better Protection," steppedup efforts to regulate industrial relations, effectively defended the legitimate rights and interests of workers.展开更多
EDITOR'S NOTE: All China Federation of Trade Unions (ACFTU) has recently published Blue Paper on the Role of Chinese Trade Unions in Safeguarding the Legitimate Rights and Interests of Workers (2005), which cons...EDITOR'S NOTE: All China Federation of Trade Unions (ACFTU) has recently published Blue Paper on the Role of Chinese Trade Unions in Safeguarding the Legitimate Rights and Interests of Workers (2005), which consist of 11 parts: preserve the correct orientation of Chinese trade unions as a protector of workers' legitimate rights and interests; protect workers' right to join and form trade union; organize and represent workers to exercise the right to equal consultation; protect workers' labor and economic rights; guarantee workers' democratic and political rights; fulfill workers' spiritual and cultural needs; actively participate in adjusting labor relations and handling labor disputes; protect migrant workers' legitimate rights and interests; promote gender equality and protect women workers' special rights and interests; take innovations in the way trade unions protect workers; and mobilize and organize workers to play the role of the working class as the main force in economic construction, and the following is an abstracted edition of it.展开更多
Environmental personality interests based on human rights reflect the multiple values of ecological order,ecological justice,and ecological freedom,and are closely linked to the protection of the right to life and the...Environmental personality interests based on human rights reflect the multiple values of ecological order,ecological justice,and ecological freedom,and are closely linked to the protection of the right to life and the right to health.They are also related to human dignity and the personal freedom of civil subjects and conform to formal and essential standards of personality rights,which should be included in the scope of personality rights for protection.The construction and application of environmental personality rights faces bottlenecks such as the partiality of subjects,limitation of objects,and hysteresis of responsibilities in the protection of environmental personality rights.Environmental personality rights are supposed to reflect the needs of the development of modern human rights.We should expand the scope of its connotative power and function based on the Green Principle of the Civil Code,and follow a networked,typified,and systematic path of protection,so as to manifest the people-centered philosophy of the Civil Code and the Environmental Protection Law.展开更多
Taking Shuangliu County,Chengdu City,China as an example,evaluation index system for the rights protection effects of farmland transfer is established contract from three aspects of basic information,transfer agreemen...Taking Shuangliu County,Chengdu City,China as an example,evaluation index system for the rights protection effects of farmland transfer is established contract from three aspects of basic information,transfer agreement and legal safeguards in the contracts.According to the investigation data,weight of evaluation index is determined by both entropy weight and Analytic Hierarchy Process.Comprehensive index method is used to evaluate the rights protection effects of farmland transfer contract in the flat dam,high hill and low hill in Shuangliu County,Chengdu,China.Result shows that the transfer agreement of farmland and the basic information of contract greatly affect the rights protection effects of farmland transfer contract.There are differences in the five indices of the information of the signature of contract,pricing for payment,time limit for farmland transfer,transfer mode of farmland,and use range of farmland transfer.During the farmland transfer in reality,there are three hidden dangers in farmer's land rights and interests,which are the ill-formed transfer behavior,the relatively low income of farmers from farmland transfer,and the quality decline of farmland and difficult full reclamation in transfer period.Based on the evaluation result and investigation data,countermeasures are put forward to improve the rights protection effects of farmland transfer contract.展开更多
Marine rights and interests is an important part of national sovereignty, it is also an important part of national interests. At present, the maritime economy and coastline security of China is facing some new situati...Marine rights and interests is an important part of national sovereignty, it is also an important part of national interests. At present, the maritime economy and coastline security of China is facing some new situation and challenges. In view of the strategic significance and maritime situation of ocean development, it needs to work out a feasible ocean strategy of China from the need of safeguarding the interests of the whole country urgently. We must establish the maintenance strategies of China's marine rights and interests in order to realize the sustainable development of marine fights and interests.展开更多
The status quo of the violation of migrant workers' interests is analyzed,the results are not so optimistic.The overall situation of migrant workers' training rights is poor;migrant workers 'rights to enjo...The status quo of the violation of migrant workers' interests is analyzed,the results are not so optimistic.The overall situation of migrant workers' training rights is poor;migrant workers 'rights to enjoy legal holiday are seriously violated;the working conditions and health protection measures are weak;migrant workers' rights to get legal payment are damaged to different degree;the social security mechanism for migrant workers is imperfect and there are still large gap between supply and demand.Combining with the relevant theories of Game theory,migrant workers' interests obtained under the situation of entering right protection organizations and do not entering the organizations are analyzed,the results show that entering right protection organizations is reasonable choice.The positive functions played by the improvement of the reputation of labor union in solving the problems of right protection are proved from the perspective of the Game Theory.Through the analysis on the operational effects of the right protection organizations of migrant workers,it can be detected that the functions of organizations owned by migrant workers themselves is mediocre but the labor union plays an important role in migrant workers' right protection.The protection of migrant workers' interests tends to legalization,so in order to further perfect the right protection of labor union,the labor union should legalize the protection of migrant workers rights.In the end the specific measures on improving the reputation of labor union are put forward.展开更多
The rights and interests value of mineral resources includes the prospecting rights value and the mining rights value. The mining rights value is made up of the min-eral resources value and the compensation value base...The rights and interests value of mineral resources includes the prospecting rights value and the mining rights value. The mining rights value is made up of the min-eral resources value and the compensation value based on the inputs of capitals and labors in different exploration stage, the prospecting rights value should be equal to ex-ploration differential rent of resources. According to the stage characteristic of mineral resources exploration and development, the initial evaluating methods and models are used to evaluate the prospecting rights and mining rights value.展开更多
"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
How to protect the disabled children’s rights and interests legally has been a very serious,urgent realistic subject.Today,the problems in the protection of the disabled children’s rights and interests become obviou...How to protect the disabled children’s rights and interests legally has been a very serious,urgent realistic subject.Today,the problems in the protection of the disabled children’s rights and interests become obvious,mainly including that the right to exist is not protected,the right to education is changed,the right to development is not implemented,the right to participate is not respected,and the right to be protected is not safeguarded,etc.As the legal position of the protection of the disabled children’s rights and interests is absent,it is imperative to choose the legal support ways for the protection of the disabled children’s rights and interests.展开更多
The process of legislative protection for women’s rights and interests of the new China can be divided into two phases: The first phase is from the establishment of the People’s Republic of China to the adoption of ...The process of legislative protection for women’s rights and interests of the new China can be divided into two phases: The first phase is from the establishment of the People’s Republic of China to the adoption of the policy of reform and opening up to the outside展开更多
The support rights and interests of the elderly is one of the core issues of an aging society.Judging from the judgment documents on support dispute cases in recent years,maintenance disputes mainly occur in the kinsh...The support rights and interests of the elderly is one of the core issues of an aging society.Judging from the judgment documents on support dispute cases in recent years,maintenance disputes mainly occur in the kinship structure of parents and children,the support obligators are mainly men,the content of support is mainly material appeals.In the judicial process,there are some characteristics worth studying,such as lawyers,intervention,judges,thinking,reasoning and expression.In view of this,the current development direction of the judicial protection of elderly’s rights and interests in China should be carried out around the goal of"restorative justice"and efforts should be made,such concept renewal,system improvement and spiritual support prospect.展开更多
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
Lacking of shelter and care from their children, Chinese lost only-child elderly are impoverished and their mental state compared to older people in general are more fragile and sensitive. They have even united themse...Lacking of shelter and care from their children, Chinese lost only-child elderly are impoverished and their mental state compared to older people in general are more fragile and sensitive. They have even united themselves for self-help, while their efforts have been often unhelpful. Their scale has been increasingly expanding and risen to many serious social problems. Appearance of lost only-child old man people and vulnerability of protection for those elderly is mainly due to the faultiness of Birth Control Policy, lack of government finance and imperfect social security system. Chinese government should establish a mechanism to increase and maintain the value of administrative compensations, strengthen administrative pay and protection of administrative contracts, broaden administrative relief channels for the elderly, and effectively protect the pension interests of the lost only-child elderly.展开更多
基金the National Social Science Fund of China’s project on“Research on Transnational Work Injury Insurance under the Concept of a Community with a Shared Future for Mankind along the Silk Road for the Benefit of All”(Project Number:19XFX015).
文摘The International Labour Organization seems to only see the aspect of social security promoting economic growth,while neglecting the aspect of economic growth supporting social security.From the standpoint of materialism and the practice of social security,the realization of social security rights for migrant workers fundamentally depends on economic growth.The Belt and Road Initiative has provided a Chinese solution for creating a strong material and technological foundation to meet the social security needs of all people,including migrant workers.
文摘This paper analyses the status quo of migrant workers' lack of cultural rights and interests as follows:the holistic cultural life of migrant workers is scant and monotonous;the cultural facilities provided by the majority of enterprises are critically short;the cultural life of migrant workers has the characteristic of closeness to some extent;the holistic cultural consuming capacity of migrant workers is very low,and they are not satisfied with their own cultural life.This paper puts forward the measures that the government should adopt to make up for the lack of migrant workers' cultural rights and interests as follows:first,it should eliminate discrimination in terms of system,and incorporate migrant workers' cultural rights and interests into the building scope of urban public culture;second,it should establish a variety of free public culture facilities,to adapt to the needs of migrant workers;third,it should formulate various kinds of laws and regulations,to effectively safeguard migrant workers' cultural rights and interests.
文摘Protecting the rights and interests of workers and staff members constitutes an important aspect of China's human rights protection. At the time when the country is dealing with impacts of the global financial crisis, the All-China Federation of Trade Unions has been working fruitfully and effectively to accelerate economic and social development and safeguard the legitimate rights and interests of workers, therefore making contributions to the protection of the rights and interests of Chinese workers. Now I would like to make a brief introduction on this subject.
文摘EDITOR'S NOTE: FoUowing are some of the stories about how migrant workers' rights and interests are protected in Zhejiang, one of the best developed province on the Chinese mainland. Through interviews with more than 100 migrant workers in the province, we found that migrant workers there enjoy equal treatment as their counterparts registered as urban residents, and that their rights and interests are effectively protected.
文摘Farmer workers are a new powerful workforce that has sprung up amid China's reform and door opening and in the process of the country's industrialization and urbanization. They have made great contributions to urban prosperity, rural development and their country's modernization. At present, however, farmer workers face numerous difficulties and problems in income, work safety, social security, vocational training, the schooling of their children and living conditions. To safeguard the legitimate rights and interests of farmer workers, the State Council in March 2006 issued Ideas of the State Council on Solving Farmer Workers-related Problems. In the document, the State Council promises to strengthen and improve leadership over work regarding farmer workers and prioritize the solving of farmer workers-related problems.
文摘On October 27, 2001, the Standing Committee of the National People's Congress adopted a decision on revision of the People's Republic of China Trade Union Law. Guan Huai, legal advisor to the All-China Federation of Trade Unions, had the following to say in an interview with the Human Rights:
文摘During the course of 2004, the Chinese trade unions earnestly implemented their strategy of "Organizing for Better Protection," steppedup efforts to regulate industrial relations, effectively defended the legitimate rights and interests of workers.
文摘EDITOR'S NOTE: All China Federation of Trade Unions (ACFTU) has recently published Blue Paper on the Role of Chinese Trade Unions in Safeguarding the Legitimate Rights and Interests of Workers (2005), which consist of 11 parts: preserve the correct orientation of Chinese trade unions as a protector of workers' legitimate rights and interests; protect workers' right to join and form trade union; organize and represent workers to exercise the right to equal consultation; protect workers' labor and economic rights; guarantee workers' democratic and political rights; fulfill workers' spiritual and cultural needs; actively participate in adjusting labor relations and handling labor disputes; protect migrant workers' legitimate rights and interests; promote gender equality and protect women workers' special rights and interests; take innovations in the way trade unions protect workers; and mobilize and organize workers to play the role of the working class as the main force in economic construction, and the following is an abstracted edition of it.
基金staged research result of the major project of the MOE Humanities and Social Sciences Project Base“Research on the Human Rights Value Connotation and Legal Guarantee in Xi Jinping’s Thought on Ecological Civilization”(Project Approval No.21JJD820007)+1 种基金the staged research result of the major project of the National Social Science Fund of China“Research on Establishing and Improving the Property Rights System for Natural Resource Assets”(Project Approval No.22ZDA109),aiming to study and interpret the spirit of the Sixth Plenary Session of the 19th CPC Central Committee。
文摘Environmental personality interests based on human rights reflect the multiple values of ecological order,ecological justice,and ecological freedom,and are closely linked to the protection of the right to life and the right to health.They are also related to human dignity and the personal freedom of civil subjects and conform to formal and essential standards of personality rights,which should be included in the scope of personality rights for protection.The construction and application of environmental personality rights faces bottlenecks such as the partiality of subjects,limitation of objects,and hysteresis of responsibilities in the protection of environmental personality rights.Environmental personality rights are supposed to reflect the needs of the development of modern human rights.We should expand the scope of its connotative power and function based on the Green Principle of the Civil Code,and follow a networked,typified,and systematic path of protection,so as to manifest the people-centered philosophy of the Civil Code and the Environmental Protection Law.
文摘Taking Shuangliu County,Chengdu City,China as an example,evaluation index system for the rights protection effects of farmland transfer is established contract from three aspects of basic information,transfer agreement and legal safeguards in the contracts.According to the investigation data,weight of evaluation index is determined by both entropy weight and Analytic Hierarchy Process.Comprehensive index method is used to evaluate the rights protection effects of farmland transfer contract in the flat dam,high hill and low hill in Shuangliu County,Chengdu,China.Result shows that the transfer agreement of farmland and the basic information of contract greatly affect the rights protection effects of farmland transfer contract.There are differences in the five indices of the information of the signature of contract,pricing for payment,time limit for farmland transfer,transfer mode of farmland,and use range of farmland transfer.During the farmland transfer in reality,there are three hidden dangers in farmer's land rights and interests,which are the ill-formed transfer behavior,the relatively low income of farmers from farmland transfer,and the quality decline of farmland and difficult full reclamation in transfer period.Based on the evaluation result and investigation data,countermeasures are put forward to improve the rights protection effects of farmland transfer contract.
文摘Marine rights and interests is an important part of national sovereignty, it is also an important part of national interests. At present, the maritime economy and coastline security of China is facing some new situation and challenges. In view of the strategic significance and maritime situation of ocean development, it needs to work out a feasible ocean strategy of China from the need of safeguarding the interests of the whole country urgently. We must establish the maintenance strategies of China's marine rights and interests in order to realize the sustainable development of marine fights and interests.
文摘The status quo of the violation of migrant workers' interests is analyzed,the results are not so optimistic.The overall situation of migrant workers' training rights is poor;migrant workers 'rights to enjoy legal holiday are seriously violated;the working conditions and health protection measures are weak;migrant workers' rights to get legal payment are damaged to different degree;the social security mechanism for migrant workers is imperfect and there are still large gap between supply and demand.Combining with the relevant theories of Game theory,migrant workers' interests obtained under the situation of entering right protection organizations and do not entering the organizations are analyzed,the results show that entering right protection organizations is reasonable choice.The positive functions played by the improvement of the reputation of labor union in solving the problems of right protection are proved from the perspective of the Game Theory.Through the analysis on the operational effects of the right protection organizations of migrant workers,it can be detected that the functions of organizations owned by migrant workers themselves is mediocre but the labor union plays an important role in migrant workers' right protection.The protection of migrant workers' interests tends to legalization,so in order to further perfect the right protection of labor union,the labor union should legalize the protection of migrant workers rights.In the end the specific measures on improving the reputation of labor union are put forward.
文摘The rights and interests value of mineral resources includes the prospecting rights value and the mining rights value. The mining rights value is made up of the min-eral resources value and the compensation value based on the inputs of capitals and labors in different exploration stage, the prospecting rights value should be equal to ex-ploration differential rent of resources. According to the stage characteristic of mineral resources exploration and development, the initial evaluating methods and models are used to evaluate the prospecting rights and mining rights value.
文摘"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.
基金The Philosophy and Social Science Research Fund Project for Institutions of Higher Learning in Jiangsu Province:Research on the Right of the Disabled Children to Social Participation-Jiangsu Province Is for Example(No.2014SJB296)
文摘How to protect the disabled children’s rights and interests legally has been a very serious,urgent realistic subject.Today,the problems in the protection of the disabled children’s rights and interests become obvious,mainly including that the right to exist is not protected,the right to education is changed,the right to development is not implemented,the right to participate is not respected,and the right to be protected is not safeguarded,etc.As the legal position of the protection of the disabled children’s rights and interests is absent,it is imperative to choose the legal support ways for the protection of the disabled children’s rights and interests.
文摘The process of legislative protection for women’s rights and interests of the new China can be divided into two phases: The first phase is from the establishment of the People’s Republic of China to the adoption of the policy of reform and opening up to the outside
文摘The support rights and interests of the elderly is one of the core issues of an aging society.Judging from the judgment documents on support dispute cases in recent years,maintenance disputes mainly occur in the kinship structure of parents and children,the support obligators are mainly men,the content of support is mainly material appeals.In the judicial process,there are some characteristics worth studying,such as lawyers,intervention,judges,thinking,reasoning and expression.In view of this,the current development direction of the judicial protection of elderly’s rights and interests in China should be carried out around the goal of"restorative justice"and efforts should be made,such concept renewal,system improvement and spiritual support prospect.
文摘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.
文摘Lacking of shelter and care from their children, Chinese lost only-child elderly are impoverished and their mental state compared to older people in general are more fragile and sensitive. They have even united themselves for self-help, while their efforts have been often unhelpful. Their scale has been increasingly expanding and risen to many serious social problems. Appearance of lost only-child old man people and vulnerability of protection for those elderly is mainly due to the faultiness of Birth Control Policy, lack of government finance and imperfect social security system. Chinese government should establish a mechanism to increase and maintain the value of administrative compensations, strengthen administrative pay and protection of administrative contracts, broaden administrative relief channels for the elderly, and effectively protect the pension interests of the lost only-child elderly.