On the Practicality of the Substantive Interpretation of the Criminal Law

The basic standpoint of the substantive interpretation of the criminal law is to explore the ontological basis of the theories of the criminal law interpretation and the basic routes of the substantive interpretation of the criminal law from the perspective of practice. As far as the practicality of the substantive interpretation of the criminal law is concerned, it emphasizes the connection of the theories and the basic routes,and the practicality comes from the philosophical dimension of the criminal law,which interprets problems from a higher level.

The Development of International Human Rights Law and the Chinese Contribution to the Global Human Rights Cause

Prior to World War II,human rights were mainly considered to be matters that came under the domestic jurisdiction of each state.The United Nations Charter,adopted in 1945,includes human rights provisions.The adoption of the Universal Declaration of Human Rights in 1948 that marked the initial formation of international human rights law.Today,the world has formed a relatively comprehensive system of international human rights law and mechanisms.Since the founding of the People’s Republic of China,and in particular after she introduced reform and opening-up policy in 1978,the Chinese government has actively participated in international human rights causes.To date,the Chinese government has ratified 26 human rights conventions and fulfilled the obligations required by these.China has put forward and continually enriched human rights theory of socialism with Chinese characteristics,emphasizing the importance of state sovereignty in safeguarding human rights and the resolution of human rights controversies through dialogue,thereby contributing to the global human rights cause.

Realization of the Function of Basic Rights to Balance Society--taking personal Information Rights as an example

The main function of basic rights is to defend against the state’s public power.the traditional theory of basic rights con-structs logic based on the dualistic framework of“state power and individual rights,”and deals with the dualistic horizontal relationship between“the state and individuals.”However,the increasing com-plexity of modern society has led to the emergence of different inter-ests and needs within society and the formation of new social powers,resulting in an unequal relationship between private subjects.In the digital era,this phenomenon has become particularly prominent,ev-idenced by the rise of data-based power and the frequent and serious intrusion of personal information by private subjects.In this context,the value of basic rights should radiate within society and function as a balancing force.taking the protection of personal information as an example,while innovating the idea of regulating society through basic rights,the state’s obligation to protect personal information should be further strengthened.Meanwhile,the direct effect of personal infor-mation rights,which are basic human rights,on the private subjects of data-based power should be established,so as to realize their function in balancing the interests of all parties in society.

The Rights Logic of Common Prosperity:Structure,Evolution,and Path to Implementation

The concept of common prosperity embodies the right of the people to a happy life,which is in line with General Secretary Xi Jinping’s proposition that“the people’s happiness is the greatest human right.”Its rights structure has the attributes of collective rights,reflecting the people’s pursuit of material civilization,spiritual civilization,harmony,beauty,and other social values.The realization of these rights is based on individual diligent labor and also entails human rights responsibilities of the state and society.Since the Third Plenary Session of the 11th Central Committee,China has pursued the basic policy of reform and opening-up,dismantling institutional barriers that hindered the development of productivity and the full realization of rights.This has stimulated the initiative,enthusiasm,and creativity of the people in their endeavors and entrepreneurship,leading to a historic leap from standing up to becoming prosperous.The living standards of the people have greatly improved.In the new journey toward achieving the second centenary goal,China should follow the important discourse of General Secretary Xi Jinping on respecting and protecting human rights,take the path of socialist human rights with Chinese characteristics,and better meet the growing aspirations of the people for a better life in the pursuit of high-quality economic development.

Discussion on Social Governance Mode under New Normal Concept

"New Normal"is the basic transition modality existing in the Chinese society to the historical development stage and the new normal mode has special pattern of manifestation in political,economic,cultural,social,legal and military fields.Recognizing,adapting to and leading new normal should become the basic content in the work of the party and the country in the coming period.

On Edward Coke＇ s Constitutional Thought and the Value of the Traditional Chinese Legal Thoughts

Coke was undoubtedly a milestone in the history of the legal thoughts in Britain and even in the whole western world.Coke stressed the restriction of royalty and the suprem e status of the common law.In the British Parliament’s struggle against the monarchy in the 17th century,he put forward the creative constitutional ideas about independence of judges and judicial review,advocating the protection of due process and the civil rights,which provided valuable ideological inspiration especially for the development of judicial review and the due process in the U.S.C onstitution.Just as the saying goes,"the old farmland would grow out new grain",looking back on traditional legal thoughts is im portant to the construction of a legal country for the present China.

Reflections on the Guardianship and Support System of the Elderly Under the Background of an Aging Society

China Is aging society poses new challenges to guardianship system in the General Rules of the Civil Law of the People s Republic of China.The General Provisions of the Civil Law adapts to the requirements of the times and makes some important amendments and supplements to the guardianship system,notably the scope of adults with civil disability or limited capacity for civil conduct is no longer limited to people with a mental illness.However,there remain many deficiencies in the regulations.Based on the framework provisions of the existing guardianship system of the General Provisions of Civil Law,in the compilation of the marrage and family provisions in the Civil Code,it is necessary to strengthen the protection of the rights and interests of the elderly in an aging society,further improve the elderly guardianship system,including changing the single pattern of the guardianship system and improving the"dual subject"pattern of adult guardianship and adult support system,expand the scope of protected subject of guardianship,and improve the existing system of intentional custody,adult guardianship system,and guardianship and supervision system.

On the Development and Innovation of Smart Old Age Care in China

The aging of China’s population is accelerating,and the contradiction between the growing needs of the elderly for a better life and the unbalanced and insufficient development of the existing old age care services is increasingly prominent.The advantages of smart old age care combined with the development of innovative old age care services,has initiated a new wave of development of old age care in China.Along with the intensive introduction of national policies,pilot projects and explorations have been deployed throughout the country.The current development trend of smart old age care mainly focuses on data and smart equipment.The core of the former is data collection,evaluation and utilization.The latter focuses on the use of equipment and the general control of the data platform.The innovation of smart old age care mainly includes the innovation of old age care concepts,synergy mechanisms,technology means,service modes and service content.

The Rationale for Victims' Cooperation in Cases of Pleading Guilty and Accepting Punishment from the Perspective of Protecting the Right of Action

In the context of the more frequent application of the leniency system for pleading guilty and accepting punishment,the connotations of the rules on victim involvement should be enriched in the 2018 Criminal Procedure Law.Victims deeply influenced by the concept of cooperative justice will also have an intention to cooperate,thus resulting in a rationale for victims’cooperation.Victims’cooperation features a subjectivity of interactivity,understanding,and constraint.This kind of cooperation faces the accused,the procuratorial organ,and the court.The jurisprudential function of the rationale for cooperation of victims is embodied in such aspects as recognizing the victims as eligible subjects,enhancing the legal force of the recognizance in a case of pleading guilty and accepting punishment,and consolidating the legitimate basis for victim to obtain legal assistance.Oriented to protecting right of action of the victim,understanding and developing the rationale for the cooperation of the victim can start by reaching a judicial consensus on the"two limits"principle,optimizing the right of action system for victims,achieving the interconnection of multi-level litigation systems,and improving the rules on lenient punishment to enrich the plan for protecting victims’right of action in cases of pleading guilty and accepting punishment.

A Judicial Empirical Study on the Principle of “the Best Interests of the Child”——From the Principles of National Conventions to the Building of Adjudication Norms

“The best interests of the child”is an essential principle of the Convention on the Rights of the Child.Due to the abstractness and ambiguity of this principle,its application is inevitably subject to the judge’s personality.Through empirical analysis,we can find that the judicial documents invoking the principle of“the best interests of the child”by Chinese courts show a significant increase in the number of disputes,types of disputes,and pronounced regional characteristics.The application of this principle by the courts is highly consistent with the judicial interpretative documents issued by the Supreme People’s Court.The invocation of this principle plays the role of interpreting the provisions of the law,the value basis for discretion,and the value orientation for shaping new rules in adjudication.At the same time,it is plagued by a lack of guidelines for the application of principles,invocations that serve the will of judges,and imperfect thinking in weighing the various factors involved.The application of this principle should be improved by setting normative standards for the principle of“the best interests of the child”,increasing case guidance for invoking the principle,and enhancing the professionalism of judges.

The Basic Direction of China's Human Rights Development

In 1991,the State Council Information office released the white paper Human Rights in China,which promoted China’s progress towards an era of protecting rights.The Chinese government has always believed that human rights development is compatible with economic development,and on this basis has continuously adjusted the level of human rights protection and practices.In terms of goals,China has developed from meeting people’s basic needs to delivering a better life;in terms of role positioning,China has transformed from an active participant to an active promoter;in terms of development mode,China has shifted from balanced development to coordinated advancement;in terms of discourse expression,China has changed from political discourse to law-based discourse.

The Guiding Principles of the Cause of Human Rights in China in a New Era

The report of the 19;Communist Party of China National Congress is a document with an important historical position and unique historic contribution in the history of the People’s Republic of China and the great rejuvenation of the Chinese nation.The report can be roughly divided into two parts:general principles and substantial content.The general principles comprise four issues,which are judgment of

The sustainability cycle of historic houses and cultural memory: Controversy between historic preservation and heritage conservation

Historic preservation and heritage conservation are two mainstream concepts related to the sustainability and renewal of historic houses.With the aim of enhancing the sustainability of historic houses,this article criticizes the view of historic preservation that insists on preserving historic houses with their old appearances,which does not fully develop their sustainability.In contrast,the article provides support for the view of heritage conservation that aims to promote the sustainability of historic houses and related legislation.In the second and third parts,this article examines the theoretical origin of historic preservation,which emphasizes and summarizes the one-way protection of cultural memory via historic houses.In the fourth part,the article turns to heritage conservation,highlights the sustainable cycle between historic houses and cultural memory,and underlines the advantages of this sustainable cycle.In the fifth part,this article presents a sustainable approach to heritage conservation and related legal safeguards by taking the renewal of historic houses in China’s Bagua Village(or"Eight Diagrams Village")as an example.In the last part,this paper summarizes the theoretical value,practical value and limitations of this article.The findings can facilitate the UN’s sustainable development of social inclusion,economic growth,and environmental protection to promote the heritage legislation and policy of present and future generations.

群体权利的跨学科重构（英文）

群体权利在人权领域备受争议,其理论上的正当有效性、道德上的可防卫性以及使用这一概念的必要性始终遭受质疑。笔者认为争议的发生概因单纯使用人权思维或法学思维所致。群体权利是一个跨学科概念,唯有冲破传统单一的人权思维、法学界限,交叉使用法学、政治哲学、人类学及文化学等学科工具,才能正确理解这一概念,有效为之辩护,并真正解决由它衍生出来的理论和实践问题。人权的目的在于保护人的尊严和福利,而尊严和福利是复杂多面的,所以它必然是立基于集体和个人层面相互关联的复杂利益网络之上的。简单地将人权划分为"个人权利"和"群体权利",再将二者放在相互对立的两极,从理论分析和实际操作上都是把人权片面化、简单化了。更站得住脚的立场应该是:个人权利有群体层面,群体权利也有个人层面,个人权利和群体权利保护难以分割。这一改良立场可解决当前国际少数人权利保护领域论争的核心理论及实践问题,并促使我们将更多的注意力投入到三个方面:一是个人权利和群体权利的相互作用及交融;二是明确权利保护的短期目标和长期目标,关注并规范短期及长期目标的关联及互动;三是更好地平衡伸张少数人文化正义及保护国家地缘政治安全之间的关系。

重复性言词证据排除若干问题研究（英文）

随着非法证据排除制度的出台及其适用,重复言词证据排除问题随之浮出水面,一次非法取证行为,是否意味着受其影响紧随其后的一系列取证行为的"非法",这就关系到重复言词证据的排除问题。排除重复言词证据已经成为有效实施非法证据排除规则的必然要求,而且非法证据的排除是认定重复言词证据可采性的必经程序,是排除重复言词证据的关键,但是司法实践中法院对非法证据排除所持的消极不作为态度以及现阶段我国法院系统与公安、检察系统的"同质性"等现实问题又意味着排除重复言词证据必将面临重重障碍,另外,我国司法实践中法官自由裁量权的制约以及冤错案的频发,要求重复言词证据的排除必须坚持绝对排除原则,而依据法官自由裁量权决定排除范围的方法是不可行的。

论第三人撤销诉讼的原告适格（英文）

2012年新民事诉讼法规定了第三人撤销之诉,其具体内容还需进一步充实。目前关于何者可以作为第三人撤销诉讼的原告,理论上和实践中存在非常大的分歧,影响了该制度功能的发挥。理解此问题必须以第三人是否与原诉讼程序中获得了程序保障及其有无其他的救济途径获得救济为判断标准。故一般情况下,未参加原审程序的、应以无独立请求权第三人身份参加诉讼的第三人可以具有该类诉讼的原告适格。同时,如果其可以再审途径获得救济,则不具有第三人撤销诉讼的原告适格。