The right of minors to express their opinions in family litigations refers to minors,who have a certain degree of mental capacity and assertiveness,having the right to express their opinions on the arrangements or dec...The right of minors to express their opinions in family litigations refers to minors,who have a certain degree of mental capacity and assertiveness,having the right to express their opinions on the arrangements or decisions related to themselves when the courts handle familial litigation cases involving their interests,and to request the courts hear their opinions.In essence,the right of minors to express their opinions in family litigations belongs to the basic procedural rights of minors as well as judicial beneficiary rights.As for the protection of the right of minors to express their opinions in family litigations,recognizing the status of minors as independent subjects of rights is the logical premise,the procedural guarantee for the rights of the substantive parties involved is the direct cause,and ensuring the best interests of children is the fundamental reason.In order to protect the right of minors to express their opinions in family litigations,China should standardize the mechanisms for judges to hear the opinions of minors directly,improve the mechanisms for family investigators,and establish mechanisms for representing the interests of minors.展开更多
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 natur...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.展开更多
I. INTRODUCTION On Chinas road to the rule of law, the legal system plays an important role. With the development of Chinese massive legislation from 1978, the legal system is more and more comprehensive and establish...I. INTRODUCTION On Chinas road to the rule of law, the legal system plays an important role. With the development of Chinese massive legislation from 1978, the legal system is more and more comprehensive and established. However, with the number of laws increasing, the problems about the efficacy spring up, especially when we enforce the same law in different spaces. The reasons are very complicated. In the old days, we always think that the rule of law is general and universal, ignoring that in different spaces there may be different connotations and understandings about it. If we think that Chinas rule of law is only pushed by the government especially the central government but not a sort of practices in which everyone participates, we may misunderstand the complexity of the rule of law in China. Actually, if we transfer our angle of view from abstract doctrines of the rule of law to the concrete practices, we can find a lot of helpful information which helps us to understand the rule of law properly.展开更多
基金the National Social Science Fund’s late-stage funded project“Research on the Realization of Family Justice”(Project Approval Number 22FFXB016)directed by the author.
文摘The right of minors to express their opinions in family litigations refers to minors,who have a certain degree of mental capacity and assertiveness,having the right to express their opinions on the arrangements or decisions related to themselves when the courts handle familial litigation cases involving their interests,and to request the courts hear their opinions.In essence,the right of minors to express their opinions in family litigations belongs to the basic procedural rights of minors as well as judicial beneficiary rights.As for the protection of the right of minors to express their opinions in family litigations,recognizing the status of minors as independent subjects of rights is the logical premise,the procedural guarantee for the rights of the substantive parties involved is the direct cause,and ensuring the best interests of children is the fundamental reason.In order to protect the right of minors to express their opinions in family litigations,China should standardize the mechanisms for judges to hear the opinions of minors directly,improve the mechanisms for family investigators,and establish mechanisms for representing the interests of minors.
基金a phased result project of the China Society for Human Rights Studies(CSHRS)’s Studies on Political Human Rights Theory in the Contemporary West(Project No.CSHRS2020-03ZD)National Social Science Fund of China’s Research on the Judicial Interpretation of Human Rights in Contemporary China(Project No.:16BFX023)
文摘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.
基金This paper is the phased achievement of the National Social Science Fund of China,entitled Research on the Theory and Practice of Legal Motivation in Contemporary China(No.17BFX020)。
文摘I. INTRODUCTION On Chinas road to the rule of law, the legal system plays an important role. With the development of Chinese massive legislation from 1978, the legal system is more and more comprehensive and established. However, with the number of laws increasing, the problems about the efficacy spring up, especially when we enforce the same law in different spaces. The reasons are very complicated. In the old days, we always think that the rule of law is general and universal, ignoring that in different spaces there may be different connotations and understandings about it. If we think that Chinas rule of law is only pushed by the government especially the central government but not a sort of practices in which everyone participates, we may misunderstand the complexity of the rule of law in China. Actually, if we transfer our angle of view from abstract doctrines of the rule of law to the concrete practices, we can find a lot of helpful information which helps us to understand the rule of law properly.
