The Fourth Plenary Session of the 18th Central Committee of the Communist Party of China （CPC）, held in Beijing from October 20 to 23, set the blueprint for rule of law in the world＇s second-largest economy. Chang ...The Fourth Plenary Session of the 18th Central Committee of the Communist Party of China （CPC）, held in Beijing from October 20 to 23, set the blueprint for rule of law in the world＇s second-largest economy. Chang Jiwena professor with the Institute of Law at the Chinese Academy of Social Sciences, believes the meeting has taken the rule of law to a higher level. Excerpts of his arguments follow：展开更多
It is necessary to protect the interests of laborers without sacrificing the authority of the Labor Contract Law,as well as actively reducing the burden of enterprises to help them tide over their difficulties,and saf...It is necessary to protect the interests of laborers without sacrificing the authority of the Labor Contract Law,as well as actively reducing the burden of enterprises to help them tide over their difficulties,and safeguarding the sustainable development of enterprises,thereby protecting the long-term interests of laborers.展开更多
THE revisions last August to China’s Budget Law were the first since it took effect in 1995.It has thus taken more than a decade to revise a law so important it has been dubbed the"Economic Constitution."Re...THE revisions last August to China’s Budget Law were the first since it took effect in 1995.It has thus taken more than a decade to revise a law so important it has been dubbed the"Economic Constitution."Response to the Demand for Change China’s Budget Law was promulgated in 1994 and took effect in 1995.Over the ensuing two decades Chinese society has witnessed dramatic changes–in economic development,state governance,and also public opinion and understanding of the budget.Social展开更多
Against the background that poverty alleviation is increasingly linked to the human rights-based approach in the international community,an issue arises concerning how to assess the targeted poverty alleviation strate...Against the background that poverty alleviation is increasingly linked to the human rights-based approach in the international community,an issue arises concerning how to assess the targeted poverty alleviation strategy in China from a human rights perspective.The human rights-based approach emphasiz connecting poverty alleviation with those rights recognized in international human rights conventions,with a focus on the notion of multi-dimensional poverty and the empowerment and accountability in the process of poverty alleviation.The targeted poverty alleviation in China embodies the notion of capability poverty and adopts a multi-dimensional poverty alleviation strategy.The principles of empowerment and accountability have also been implemented to a large extent.All of the elements existing in the targeted poverty alleviation model such as super political will,government dominance,targeted implementation and unconventional mobilization are critical to ensuring the eventual success of poverty alleviation and human rights protection therein.Generally speaking,some deficiencies in respect of empowerment and rule of law in targeted poverty alleviation will not hinder the overall effectiveness of poverty alleviation.Nevertheless,it will be very helpful to reinforce the empowerment and rule of law in order to insure the fairness and sustainability in poverty alleviation,especially in the inevitable transition from an unconventional model ofp overty alleviation to a conventional one in future.展开更多
The ESCR Committee considered China's second Report on the Implementation of ICESCR on May 8, 2014. During the last reporting period, China had made tremendous achievements in such areas as the formulation of a Na...The ESCR Committee considered China's second Report on the Implementation of ICESCR on May 8, 2014. During the last reporting period, China had made tremendous achievements in such areas as the formulation of a National Human Rights Action Plan, abolition of the Re-education Through Labor(RTL) system, implementing the right to social security and free compulsory education. In the consideration, the ESCR Committee raised old issues such as establishment of a national human rights institution, direct domestic application of the ICESCR and trade union rights as well as new ones such as human rights protection in international development or investment projects in developing countries. Nevertheless, the ESCR Committee also made a few recommendations that are not entirely appropriate, including abolition of the household registration system and family planning policy. Meanwhile, the Chinese delegation committed a few inaccuracies in describing the Chinese legal system.展开更多
The ongoing discussion organized by the Human Rights magazine on building a theoretical system of humanrights with Chinese characteristics is definitely of great significance.
A few months ago,the Glaxo SmithKline(GSK)China bribery allegations have sent shockwaves through the country’s pharmaceutical sector,stirring uproar both in China and overseas.On July 11,2013,the Ministry of Public S...A few months ago,the Glaxo SmithKline(GSK)China bribery allegations have sent shockwaves through the country’s pharmaceutical sector,stirring uproar both in China and overseas.On July 11,2013,the Ministry of Public Security in China officially opened investigations into the suspected economic crimes of some of GSK’s senior executives.The company was accused of bribing,in cash or other benefits,gov-展开更多
The right to social insurance has been largely recognized by various laws and treaties. However, such an issue in terms of its theoretical construction and systemic orientation, as well as criticism, guiding principle...The right to social insurance has been largely recognized by various laws and treaties. However, such an issue in terms of its theoretical construction and systemic orientation, as well as criticism, guiding principles and control of the institutional reform of the social insurance system has yet to be adequately addressed from the perspective of human rights in this country. The paper addresses the dimension of rights by analysing this issue from both dimensions of human rights and people’s livelihoods. The author analyses the relationship between social insurance and the right to property, right to liberty and right to work, and argues for institutional improvement and reform of the social insurance system in this country.展开更多
On December 29, 2006, the revised Law of the People＇s Republic of China on the Protection of Minors（hereinafter referred to as ＂the revised Law＂ for short） was approved at the 25th meeting of the Tenth National P...On December 29, 2006, the revised Law of the People＇s Republic of China on the Protection of Minors（hereinafter referred to as ＂the revised Law＂ for short） was approved at the 25th meeting of the Tenth National People＇s Congress （NPC）, China＇s highest legislature. The revised Law is to become effective on June 1, 2007. Revision of the Law, which was adopted in 1991, took three years to complete, during which period a dozen drafts were produced. The revised Law epitomizes the keen. attention of the State to conspicuous problems in protection of minors and its resolve to overcome them.展开更多
China’s ongoing reform and opening up represents a great revolution in the historical tide of development of the Chinese people and nation, and constitutes a new chapter in the ChinaJs pursuit of change and quest to ...China’s ongoing reform and opening up represents a great revolution in the historical tide of development of the Chinese people and nation, and constitutes a new chapter in the ChinaJs pursuit of change and quest to grow strong, which has lasted for thousands of years. During the process of reform and opening up, law-based governance has become the basic way for the CPC to lead the people in governing the country, and the Chinese people have increasingly deepened their understanding of the relationship between reform and the rule of law.展开更多
WE are in a new era,and China’s anti-corruption drive is pressing ahead with new momentum.Since the 18th National Congress of the Communist Party of China(CPC)the central leadership has cracked a series of high-profi...WE are in a new era,and China’s anti-corruption drive is pressing ahead with new momentum.Since the 18th National Congress of the Communist Party of China(CPC)the central leadership has cracked a series of high-profile corruption cases that involve both high-ranking "tigers" and lowly "flies" as well as those who have fled the country,demonstrating its zero-tolerance for such misfeasance.It has been evident,展开更多
China is now entering a vital stage of economic transformation and industrial upgrading.The Third Plenary Session of the 18th CPC Central Committee in November is expected to start a new round of reform and inject new...China is now entering a vital stage of economic transformation and industrial upgrading.The Third Plenary Session of the 18th CPC Central Committee in November is expected to start a new round of reform and inject new impetus into China’s growth.展开更多
This article attempts to explain what China should do to deal with ageing, a matter that gets increasingly conspicuous worldwide in the process of globalization. For China, it is a matter that must be faced squarely i...This article attempts to explain what China should do to deal with ageing, a matter that gets increasingly conspicuous worldwide in the process of globalization. For China, it is a matter that must be faced squarely in the 21st century.展开更多
Juvenile criminal justice is a reflection of the new approach to children and criminal penalty. The juvenile justice reform is onginated from the changes in criminal penalty and the approach to children. When criminal...Juvenile criminal justice is a reflection of the new approach to children and criminal penalty. The juvenile justice reform is onginated from the changes in criminal penalty and the approach to children. When criminal penalty is no longer pure revenge, education and individualization dominate criminal penalty; when children are regarded as being different from adults and should be treated differently, the new approach to children is taking shape and made more scientific. The orientation of juvenile criminal justice reform is to differentiate the juvenile crimes from adult crimes, set up case heating organizations, methods and treatment measures that are appropriate with the psychology of children. This paper will give an analysis of the current reform of the juvenile criminal justice in conjunction with the development of juvenile justice systems of other countries and probe into the orientation and development trend of the reform of China＇s juvenile criminal justice.展开更多
The right to academic freedom has been facing increasingly grave challenges in political, social and academic practices throughout the world since the middle of the twentieth century. On the one hand, this constitutio...The right to academic freedom has been facing increasingly grave challenges in political, social and academic practices throughout the world since the middle of the twentieth century. On the one hand, this constitutional right is subject to展开更多
On May 17,2016,General Secretary Xi Jinping clearly pointed out in his speech at the Symposium on Philosophy and Social Sciences that‘Only by taking China’s reality as the starting point of research,putting forward ...On May 17,2016,General Secretary Xi Jinping clearly pointed out in his speech at the Symposium on Philosophy and Social Sciences that‘Only by taking China’s reality as the starting point of research,putting forward theoretical viewpoints with subjectivity and originality,and building the discipline system,academic system and discourse system with their own features,can China’s philosophy and social sciences form their own characteristics and advantages.’As an important branch of philosophy and social sciences,the system of legal science should also be constructed from three dimensions including the discipline system,the academic system and the discourse system.Diff erent types of legal knowledge should be properly summarized to build a legal knowledge system that can refl ect Chinese characteristics,convey China’s voice,carry forward the spirit of the Chinese nation,and show Chinese manner.展开更多
文摘The Fourth Plenary Session of the 18th Central Committee of the Communist Party of China （CPC）, held in Beijing from October 20 to 23, set the blueprint for rule of law in the world＇s second-largest economy. Chang Jiwena professor with the Institute of Law at the Chinese Academy of Social Sciences, believes the meeting has taken the rule of law to a higher level. Excerpts of his arguments follow：
文摘It is necessary to protect the interests of laborers without sacrificing the authority of the Labor Contract Law,as well as actively reducing the burden of enterprises to help them tide over their difficulties,and safeguarding the sustainable development of enterprises,thereby protecting the long-term interests of laborers.
文摘THE revisions last August to China’s Budget Law were the first since it took effect in 1995.It has thus taken more than a decade to revise a law so important it has been dubbed the"Economic Constitution."Response to the Demand for Change China’s Budget Law was promulgated in 1994 and took effect in 1995.Over the ensuing two decades Chinese society has witnessed dramatic changes–in economic development,state governance,and also public opinion and understanding of the budget.Social
文摘Against the background that poverty alleviation is increasingly linked to the human rights-based approach in the international community,an issue arises concerning how to assess the targeted poverty alleviation strategy in China from a human rights perspective.The human rights-based approach emphasiz connecting poverty alleviation with those rights recognized in international human rights conventions,with a focus on the notion of multi-dimensional poverty and the empowerment and accountability in the process of poverty alleviation.The targeted poverty alleviation in China embodies the notion of capability poverty and adopts a multi-dimensional poverty alleviation strategy.The principles of empowerment and accountability have also been implemented to a large extent.All of the elements existing in the targeted poverty alleviation model such as super political will,government dominance,targeted implementation and unconventional mobilization are critical to ensuring the eventual success of poverty alleviation and human rights protection therein.Generally speaking,some deficiencies in respect of empowerment and rule of law in targeted poverty alleviation will not hinder the overall effectiveness of poverty alleviation.Nevertheless,it will be very helpful to reinforce the empowerment and rule of law in order to insure the fairness and sustainability in poverty alleviation,especially in the inevitable transition from an unconventional model ofp overty alleviation to a conventional one in future.
文摘The ESCR Committee considered China's second Report on the Implementation of ICESCR on May 8, 2014. During the last reporting period, China had made tremendous achievements in such areas as the formulation of a National Human Rights Action Plan, abolition of the Re-education Through Labor(RTL) system, implementing the right to social security and free compulsory education. In the consideration, the ESCR Committee raised old issues such as establishment of a national human rights institution, direct domestic application of the ICESCR and trade union rights as well as new ones such as human rights protection in international development or investment projects in developing countries. Nevertheless, the ESCR Committee also made a few recommendations that are not entirely appropriate, including abolition of the household registration system and family planning policy. Meanwhile, the Chinese delegation committed a few inaccuracies in describing the Chinese legal system.
文摘The ongoing discussion organized by the Human Rights magazine on building a theoretical system of humanrights with Chinese characteristics is definitely of great significance.
文摘A few months ago,the Glaxo SmithKline(GSK)China bribery allegations have sent shockwaves through the country’s pharmaceutical sector,stirring uproar both in China and overseas.On July 11,2013,the Ministry of Public Security in China officially opened investigations into the suspected economic crimes of some of GSK’s senior executives.The company was accused of bribing,in cash or other benefits,gov-
文摘The right to social insurance has been largely recognized by various laws and treaties. However, such an issue in terms of its theoretical construction and systemic orientation, as well as criticism, guiding principles and control of the institutional reform of the social insurance system has yet to be adequately addressed from the perspective of human rights in this country. The paper addresses the dimension of rights by analysing this issue from both dimensions of human rights and people’s livelihoods. The author analyses the relationship between social insurance and the right to property, right to liberty and right to work, and argues for institutional improvement and reform of the social insurance system in this country.
文摘On December 29, 2006, the revised Law of the People＇s Republic of China on the Protection of Minors（hereinafter referred to as ＂the revised Law＂ for short） was approved at the 25th meeting of the Tenth National People＇s Congress （NPC）, China＇s highest legislature. The revised Law is to become effective on June 1, 2007. Revision of the Law, which was adopted in 1991, took three years to complete, during which period a dozen drafts were produced. The revised Law epitomizes the keen. attention of the State to conspicuous problems in protection of minors and its resolve to overcome them.
文摘China’s ongoing reform and opening up represents a great revolution in the historical tide of development of the Chinese people and nation, and constitutes a new chapter in the ChinaJs pursuit of change and quest to grow strong, which has lasted for thousands of years. During the process of reform and opening up, law-based governance has become the basic way for the CPC to lead the people in governing the country, and the Chinese people have increasingly deepened their understanding of the relationship between reform and the rule of law.
文摘WE are in a new era,and China’s anti-corruption drive is pressing ahead with new momentum.Since the 18th National Congress of the Communist Party of China(CPC)the central leadership has cracked a series of high-profile corruption cases that involve both high-ranking "tigers" and lowly "flies" as well as those who have fled the country,demonstrating its zero-tolerance for such misfeasance.It has been evident,
文摘China is now entering a vital stage of economic transformation and industrial upgrading.The Third Plenary Session of the 18th CPC Central Committee in November is expected to start a new round of reform and inject new impetus into China’s growth.
文摘This article attempts to explain what China should do to deal with ageing, a matter that gets increasingly conspicuous worldwide in the process of globalization. For China, it is a matter that must be faced squarely in the 21st century.
文摘Juvenile criminal justice is a reflection of the new approach to children and criminal penalty. The juvenile justice reform is onginated from the changes in criminal penalty and the approach to children. When criminal penalty is no longer pure revenge, education and individualization dominate criminal penalty; when children are regarded as being different from adults and should be treated differently, the new approach to children is taking shape and made more scientific. The orientation of juvenile criminal justice reform is to differentiate the juvenile crimes from adult crimes, set up case heating organizations, methods and treatment measures that are appropriate with the psychology of children. This paper will give an analysis of the current reform of the juvenile criminal justice in conjunction with the development of juvenile justice systems of other countries and probe into the orientation and development trend of the reform of China＇s juvenile criminal justice.
文摘The right to academic freedom has been facing increasingly grave challenges in political, social and academic practices throughout the world since the middle of the twentieth century. On the one hand, this constitutional right is subject to
文摘On May 17,2016,General Secretary Xi Jinping clearly pointed out in his speech at the Symposium on Philosophy and Social Sciences that‘Only by taking China’s reality as the starting point of research,putting forward theoretical viewpoints with subjectivity and originality,and building the discipline system,academic system and discourse system with their own features,can China’s philosophy and social sciences form their own characteristics and advantages.’As an important branch of philosophy and social sciences,the system of legal science should also be constructed from three dimensions including the discipline system,the academic system and the discourse system.Diff erent types of legal knowledge should be properly summarized to build a legal knowledge system that can refl ect Chinese characteristics,convey China’s voice,carry forward the spirit of the Chinese nation,and show Chinese manner.
