Connection Between Policies and Laws on Human Rights Protection:Case Study of the National Human Rights Action Plans

China’s National Human Rights Action Plans connect policies and laws on human rights protection in terms of ideas,procedures,and contents.The functions of the connections are the guidance to local policymaking,the promise of state commitment,and the linkage to international human rights goals.At the practical level,the enhancement of the connection between policies and laws will promote the effectiveness of human rights protection.In order to improve the rationality of human rights policies,there should be more researches on National Human Rights Action Plans,and more public participation in the process of the Plan drafting.

Exploring the unique characteristics of environmental sustainability in China: Navigating future challenges

With the pace of global sustainable development,China has improved significantly in tackling environmental problems such as carbon emissions,climate change,air,water,and soil pollution,and wildlife extinction.Our study shows that despite China’s economic policy reform,several issues persist,including inequality between society and region,depletion and waste of resources,and damage to the natural environment.The study ob‐served that China shuts low-level oil and coal-based power plants to prevent air pollution,promote a zero carbon world,and reduce carbon intensity to 18.8%.The country also increased forest coverage by nearly 23.4%,declared five national parks in 2021,cleaned 98%of polluted water bodies,and improved the air qual‐ity in many big cities.A country like China has shown deep concern for environmental sustainability and has formulated many policies,laws,and regulations to prevent and conserve the environment and biodiversity and ensure sustainable economic development.This study argues that the Chinese concept of ecological civili‐zation construction adheres to global sustainable development as both pursuits of achieving sustainable conser‐vation of natural resources and improving the livelihoods of the people.Therefore,this paper reviews China’s policies toward ecological civilization(EC),which aim to create a beautiful China by 2035 on the outline of the UN Sustainable Development Goals 2030.The present study also addresses the issues the Chinese govern‐ment faces while implementing environmental sustainability.

Discussion on Effective Way of Mediation in Civil Litigation,Together with Right of Rescission

There are much discussion on the two effective way,which are separately Signing for receiving and Signature. It is needed to analyze the legal foundation,turn to the foreigner’s experience for guidance and reconstruct the system. Abolishing the effective way of signing for receiving as well as the right of rescission,and making the effective way of mediation in civil litigation perfect will have positive results in exerting the effection of civil mediation in litigation and promoting the harmony between the two parties concerned.

Institutional Correction of Mediation under the View of Transformation:Taking the People’s Mediation as an Example

Under the dual driven forces of soaring disputes and national policy,the dispute resolution ecosystem of China showed the mediation centralism,and the revival of mediation presented the characteristics of adversary system.In order to comply with the modern rule of law system,the traditional mediation is incorporated into the modern legal system through the three-level transformation of"discipline of laws","introduction of procedures"and"specialized cultivation",which was promoted by the popularity of social governance,the input of the idea of diversified solutions and the pragmatic impetus under the pressure of social transformation.The mediation movement has the characteristics of both consciousness of pragmatism and the initial legalization,but will also face the mediation disorder.The remodeling of mediation must be rooted in systematization and modernization.Its development trend includes expansion of fields,symbiosis of autonomy and specialization,and mandatory introduction.

Analysis of New Model of "Rule by Three Committees" and Discussion on Construction of Villagers' Self-governing Organizations in China

This paper introduces the operation model of "rule by three committees", including the members of "three committees", functional constitution of "three committees", and relationship between restriction and coordination of "three committees". By referring to the villagers' self-governing system in China, and the relevant provisions in Constitution and Village Committee Organization Law, we take into account the legitimacy of "rule by three committees". In terms of the details of system design, we perfect the new model of "rule by three committees" as follows: make the conditions of holding office stringent and ensure the quality requirements of members of "three committees"; standardize the procedures of election, and guarantee the equitable election of members of "three committees"; perfect dismissal procedure, and strengthen the supervision on members of "three committees".

On the Manifestation of the Compulsoriness of Legal Discourse

The French philosopher Michel Foucault believes that discourse is in essence the force exerted on things. In the discourse theory, this kind of power is the vehicle that grants verbal communication structure—“illocutionary force”, which makes the compulsoriness of legal discourse possible and at the same time imposes constraints on it. By introducing the concept of “illocutionary force” from classic discourse theory, the compulsory relationship between the orator and the audience in legal discourse has been revealed.To put it clearly, the relationship consists of external compulsoriness and internal compulsoriness, the former of which can be divided into three categories:“prohibition”,“distinction” and “acknowledgement” and the later encompasses “commentary”,“signature” and “paradigm”.

On the Same Origin of Legal Compulsoriness and the Compulsoriness of Legal Discourse

It’s been about half a decade since Michel Foucault delivered his famous inaugural lecture “Orders of Discourse”. Descriptive research into legal discourse, however, still predominates over the exploration of the hidden power relationship. This article aims to apply Foucault’s insights into discourse to the field of law and further shed light on the in-depth interactive mechanism of power and discourse. By investigating how legal norms were legitimized from the very beginning, it’s found that the legal compulsoriness and the compulsoriness of legal discourse are of the same origin.

An Academic Summary of the International Seminar Series on “Protection of the Rights of Specific Groups in Pandemic Prevention and Control”

The international semiinar on"Protection of the Rights of Specific Groups in Pandemic Prevention and Control",organized by the Institute of Human Rights,Wuhan University,under the guidance of the China Society for Human Rights Studies,was held online on May 23,2020.Nearly 50 scholars and practitioners from domestic and foreign universities and research institutions conducted discussions and exchanges focusing on a series of topics including"Leave No One Behind:To Guarantee Specific Groups’Access to Public Service under the Pandemic","Justice for All:Prevention and Relief of Discrimination against Specific Groups",etc.

Pursuit of Excellence:The Past Development and New Progress of the Human Rights Action Plans of China

Since the Vienna Declaration and programme of Action in 1993 recommended that countries formulate national human rights action plans,many countries have carried out relevant explorations.Since 2009,China has formulated four series of Human Rights Action plan of China,which is significant for promoting the development of human rights,enhancing the say in international human rights,reducing social risks and protecting individual rights.The formulation of the plan adheres to the principles of being laws and policies-based and human rights-oriented,and taking into account both the country and society.The first three series of the Action plans have undergone such evolution as upgrade of guiding principles and goals,refinement of rights content and measures,diversification of responsible subjects,increasingly reasonable framework structure,and more human rights consideration in discourse expression.The fourth series of the Action plan pays more attention to expanding public participation and the content,improving the supervision mechanism,and further promoting the formulation and implementation of the Action plan.

Development of the Protection of the Rights of Specific Groups in China in the Recent Ten Years——Based on an Analysis of the Annual Report on China’s Human Rights

specific groups such as women,children,ethnic minorities,the elderly,and persons with disabilities are facing special difficulties in exercising their rights The protection of their rights is an important part of the development of China’s human rights cause The Annual Report on China’s Human Rights have outlined the tremendous achievements China has made in protecting the rights of specific groups over the past ten years It also reflects that all human rights actors have born fruitful results of innovation in values,legal systems,paths for practice,and international cooperation of rights protection,which will continue to inspire and en courage people to participate in the common cause of human rights protection.

Experiences and Achievements in the Development of Human Rights in China in the Past 40 Years of Reform and Opening-up--A Summary of Viewpoints on the Seminar on Reform and Opening-up and the Progress of the Development of Human Rights in China

Jointly held by the China Society for Human Rights Studies and the publicity department of the Hubei Provincial Committee of the Communist Party of China and organized by Institute for Human Rights and Law School of Wuhan University, A seminar on Reform and Opening-up and the Progress of the Development of Human Rights in China was held on July 18,2018 in Wuhan. Over 100 distinguished scholars participated and discussed topics including "The path for human rights development", "Reform and Opening-up and the theoretical innovation of human rights in China", "Reform and Opening-up and the achievements of human rights in China",and "Reform and Opening-up and the development of global human rights cause". The seminar summarized China’s human rights achievements over the course of 40 years of Reform and Opening-up on multiple levels and from multiple perspectives and deepened practical and theoretical understandings about the development and progress of human rights in China.

PROPERTY RIGHTS IN INTERMEDIATED SECURITIES UNDER CHINESE LAW

这篇文章在中国法律下面在 intermediated 证券检验产权的选择问题。第一部分介绍 intermediated 证券和法律含意。第二部分在中国法律下面在认证的证券考察中国性质法律和产权。部分 III 在中国法律下面在 intermediated 证券检验产权。部分 IV 检验中间人的义务在 intermediated 证券保卫产权。部分 V 为补救相关中国法律的缺点给建议。

RECOGNITION AND ENFORCEMENT OF FOREIGN NON-MONETARY JUDGMENTS IN CHINA

Transboundary recognition and enforcement of judgments is of increasing practical significance and it draws a great deal of efforts at various levels. However, the efforts already made are predominantly in relation to cross-border movement of monetary judgments, leaving non-monetary judgments beyond recognizability. Investigation into China＇s legislation and adjudication reveals that there is no distinction made between recognition of monetary and non-monetary judgments, and practice also ignores such a distinction. Following the trend of embracing non-monetary judgments within the scope of recognizablility, China＇s standpoint seemingly appears to be desirable, although the long-standing non-differentiation of monetary and non-monetary judgments is not presumed to be originally out of promoting recognition and enforcement of foreign non-monetary judgments in China. It is submitted that for promoting recognition and enforcement of foreign non-monetary judgments, China shall introduce independent rules in order to facilitate the circulation of such judgments, which merits a special treatment. For parties to seek the recognition and enforcement of such judgments, prior to any overhauling of the current legal regime, they have to follow China＇s persisting general legal regime and judicial practice regarding recognition and enforcement of all categories of foreign judgments, and a special call is made for particular attention to the reciprocity requirement and due service requirement.

Anti-Monopoly Regulation of Digital Platforms

Characterized as they are by dynamic competition,cross-border operation,the network effect and oligopoly competition,digital platforms present a serious and complex monopoly problem,one that undermines competition,damages consumers’ interests,suppresses the vitality of innovation and hinders high-quality development.They should therefore be brought under stricter anti-monopoly regulation.The traditional regulatory cycle of “stricter regulation brings everything to a standstill;looser regulation brings chaos in its wake” is a chronic problem in China’s market regulation,so the anti-monopoly regulation of digital platforms needs to avoid this regulatory paradox.To address digital platforms’ two-sided markets,dynamic competition and disruptive innovation,we need to create appropriate new theories of anti-monopoly regulation by establishing the principle of positive,inclusive and prudent regulation based on the concept of modesty.In the current context,efforts to strengthen regulation do not lay undue emphasis on tighter regulation and heavier penalties,but rather focus on regulatory transformation and innovation,aiming thereby to effectively improve regulation.Good law is the premise of good governance.It is necessary to speed up the revision of the Anti-Monopoly Law to include provisions for improving digital competition rules in order to provide high-quality regulatory systems.Actively promoting efficient,inclusive and prudent regulation,fair and impartial regulation,collaborative and integrated regulation,incentive-based regulation,credit regulation and intelligent regulation on the basis of good law,along with technology-enabled regulation,is a good governance approach to realizing anti-monopoly platform regulations.

ON THE RIGHTS PROTECTION OF VULNERABLE GROUPS UNDER THE PREVENTION AND CONTROL OF A PUBLIC HEALTH CRISIS:A LITERATURE REVIEW AND PERSPECTIVE FOR FUTURE DIRECTIONS

The legal system for prevention and control of a public health crisis rests on two pillars:human rights protection and good governance.This duality is well illustrated by substantively equal treatment of vulnerable groups in a pandemic from the perspectives of public service,social inclusion,accessible environment,gender equality,and right to health.A review of literature on this topic shows that current research needs to address the gap between“life supremacy”and“equal protection”in the area of human rights protection,and the gap between“putting people first”and“strict control at the grassroots level”in the area of good governance.The research should employ intersectional methodology to highlight the rights logic of the socialist legal system and the key role of the Communist Party of China’s leadership in balancing individual versus community rights,enhancing the governance capability for participation by multiple social agents,ensuring equal protection for disadvantaged groups,promoting inclusive and sustainable development,and realizing the common prosperity of all the people.

BOUNDARY OF CRIMINAL RESPONSIBILITY OF INTERNET SERVICE PROVIDERS -- A LESSON FROM THE QVOD CASE

在 2016 的 Qvod 诉讼，在哪个中国分享录像的地点 Qvod 被判为利润传播色情材料的犯罪，关于在中国的因特网服务供应商(ISP ) 的犯罪责任的挑起的激烈的争论。把 Qvod 盒子用作一个例子，这纸首先讨论定义和 ISP 的法律义务，并且主张我们应该根据他们的功能和他们的服务的内容决定 ISP 的犯罪责任。这份报纸进一步分析与 ISP 的犯罪责任联系的四个主要问题，包括同谋责任，有中立行为的附件，由行动或省略和理想的同时发生(Idealkonkurrenz ) 的罪犯。

CHOICE OF COURT AGREEMENT WITH FOREIGN ELEMENTS IN CHINA： SHANDONG JUFENG V. SOUTH KOREA MGAME

Unlike statutory and discretionary jurisdiction, jurisdiction by choice of court agreement concluded in foreign-related civil and commercial matters should be decided by the parties. As a special contract, the choice of court agreement is so independent that its validity is governed by the law chosen by the parties or by the law of the country where the chosen court is situated in case that the choice of law is invalid. Amendments to the Civil Procedure Law （hereinafter referred to as ＂CPL＂） of People＇s Republic of China （2012） should not only include the jurisdiction by choice of court agreement with foreign-related elements, but also stipulate it in a more standardized way, rather than simply refer to provision of jurisdiction by choice of court agreement in domestic cases. At the same time, the CPL should make the scope of application of choice of court agreement more clear, and provide choice of law clause and its confirmative elements when deciding its effectiveness.

RECOGNITION AND ENFORCEMENT OF JUDGMENTS BETWEEN CHINA, JAPAN AND SOUTH KOREA IN THE NEW ERA EDITOR＇S NOTE

We live in the era of globalization, which means that capitals, persons, labor, goods or service cross national borders easily. Against this backdrop, it may be asked if judgments delivered by national courts can also move across borders as persons or goods do. In the European Union （EU）, traditionally there are four freedoms, i.e. free movement of goods, capital, services, and labor. Now they are of no less interest in talking about free movement of judgments. At the global level, we have Hague Conference on Private International Law, which is very enthusiastic about the judgments convention project, and the big powers including US, China, Japan, EU and South Korea are all mobilized to the great cause. In short, the recognition issue becomes a very prominent practical matter of global concern. In East Asia where several important world players are located -- China.

A TURNING POINT OF NON-MARKET ECONOMY： ON THE INDIVIDUAL DUTY TREATMENT OF THE WTO IN THE FASTENERS ANTI-DUMPING CASE BETWEEN EUROPEAN COMMUNITIES AND CHINA

For a long time, Chinese export enterprises were afflicted by the vague WTO rules of non-market economy under anti-dumping investigations. On 15 July 2011, the Dispute Settlement Body （＂DSB ＂） of the WTO published the report of the Appellate Body on the dispute called ＂European Communities --Definitive Anti-dumping Measures on Certain Iron or Steel Fasteners from China＂ （DS397）. In this article, it is to reason four questions, i.e., （i） the scope of article 9（5） of the Basic Anti-dumping Regulation of the European Union; （ii） whether sampling as described in the second sentence of article 6.10 constitutes the only exception to the principle laid down in the first sentence; （iii） whether a state may be seen as a producer unless individual exporters can demonstrate their independence from the state; （iv） interpretation of the word ＂impracticable＂ under articles 9.2 and 6.10, the DSB finally concluded that the EU acted inconsistently with articles 6.10 and 9.2 of the Anti-dumping Agreement with respect to article 9（5） of the Basic AD Regulation of EU, which refused to give each known NME exporter or producer individual duty treatment. To some extent, this case might clarify the NME issue in the WTO, change the deJbctive situation, and be considered as a milestone for the promotion of justice under a free and rule-oriented multilateral trade system.

THE RIGHT TO EQUAL DEVELOPMENT AND ITS PRACTICE MODELS IN CHINA

作为整体的权利，等于开发的权利在不同区域在现在和未来代的题目之中在经济、社会、文化、政治的领域里为开发强调机会的公平。等于开发的权利可以从社会团结的想法得到理论支持，全球公正，包括生长和中国的传统的文化。中国从事在五个模型等于开发的权利的实现，也就是在本地政府，在公共权力之间的相互作用和私人权利，持续发展，整体的发展和政府干预之中的合作。