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 ...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.展开更多
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 ...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.展开更多
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 de...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.展开更多
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 right...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.展开更多
"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,so..."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.展开更多
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 Pa...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.展开更多
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 time...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.展开更多
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 i...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.展开更多
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...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.展开更多
“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 p...“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.展开更多
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 ri...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.展开更多
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 reju...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展开更多
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 cri...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.展开更多
文摘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.
基金a phased achievement of the Study on the Mechanism for Domestic Application of International Human Rights Law(Project Number IFYT12089)under the Shandong University Independent Innovation Fund Project(Youth Team Project).
文摘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.
基金the national major project of social sciences“Research on Chinese Characteristics and System Construction of the Constitution Implementation Guarantee Mechanism”(Project Approval No.20ZDA030)the Ministry of Education Humanities and Social Science Key Base major project“New Development of Human Rights and Basic Rights in the Context of a New Era of Smart Society”(Project Approval No.19JJD820011)。
文摘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.
文摘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.
文摘"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.
基金the staged achievement of the key program of the national social sciences fund-On the Development Road of Human Rights with Chinese Characteristics(No.:11AZD044)
文摘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.
文摘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.
文摘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.
基金a phased result of the general project of“Research on the Human Rights Protection of Victims in Leniency Cases Involving Pleading Guilty and Accepting Punishment”(Project No.:CSHRS2020-16YB)under the Ministry-level research program of the China Society for Human Rights Studies(CSHRS)in 2020
文摘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.
基金a phased result of the research project“Studies on the Relationship Between the Constitution and International Law”(18BFX034)backed by the National Social Science Fund of China
文摘“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.
基金the achievement of a major project“Research on the Development of Traditional Chinese Culture and Contemporary Human Rights Discourse System”launched by the Human Rights Education and Training Base of the Ministry of Education,(18JJD820005)
文摘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.
文摘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
基金This research was funded by the National Social Science Fund of China(20BH149)Shandong University Humanities and Social Sciences Innovation Team(Data Useand Data Governance Innovation in the Strategic Implementation of the Comprehensive Rule of Law).
文摘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.