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Theory on Introducing a Mandatory Attorney System into Civil Litigation from the Perspective of the Protection of the Right of Action
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作者 苏志强 QIAN Chuijun 《The Journal of Human Rights》 2023年第2期373-394,共22页
As an important rectifying mechanism to the involved parties-oriented civil litigation model,the mandatory attorney system requires the involved parties of a lawsuit to appoint a lawyer to represent them in the litiga... As an important rectifying mechanism to the involved parties-oriented civil litigation model,the mandatory attorney system requires the involved parties of a lawsuit to appoint a lawyer to represent them in the litigation,otherwise they will be rejected because the litigation requirements aren’t met.This seems to restrict the litigants’right to initiate a lawsuit by themselves.Through the arrangement of the system for the participation of lawyers in some litigation procedures,stages,and cases,coupled with the legal principle of litigation costs,the litigation costs sharing mechanism,legal aid,and other related supporting systems,it is not only a substantive guarantee for the litigants’right of action,but also can even strengthen the protection of the litigants’right of action in civil litigation.Based on the need to effectively protect and strengthen the litigants’right of action,combined with its civil litigation system and judicial operation environment,China should adopt a phased and gradual strategy to introduce and implement the mandatory attorney system in civil litigation while constantly improving its lawyer system,litigation costs system,legal aid system,and other related supporting systems. 展开更多
关键词 mandatory attorney system protection of the right of action lawyer system legal aid system
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Challenges and Countermeasures for Integrating the Protection of Environmental Rights into Actions for Addressing Climate Change
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作者 秦天宝 袁野阳光 《The Journal of Human Rights》 2023年第4期869-893,共25页
Climate change,which is the result of human activities,has wide-ranging impact.It poses a serious threat to human rights.Environmental rights are where the protection of the ecological environment and the development ... Climate change,which is the result of human activities,has wide-ranging impact.It poses a serious threat to human rights.Environmental rights are where the protection of the ecological environment and the development of human rights intersect.In view of the close relationship between the actions for addressing climate change and environmental rights,China should integrate the protection of environmental rights into the actions for addressing climate change,so as to achieve simultaneous development of both.In the process of coping with climate change,the right to climate stability that mainly pursues a“harmless”environment and the right to a more livable climate that pursues a“beautiful eco-environment”are specific manifestations of environmental rights and should be the priority of protection efforts.However,there are still some obstacles to achieving the coordinated development of the efforts to address climate change and the protection of environmental rights because traditional rights protection methods mainly give individuals subjective rights with the power to claim and are thus difficult to meet the needs of environmental rights protection in the context of climate change,and there are inherent value differences between responding to climate change and the realization of other human rights.Building a multi-level national obligation system to address climate change,giving full play to the role of courts in responding to climate change through moderate judicial activism,and coordinating the efforts to cope with climate change and the development of human rights under the guidance of a holistic system view are effective ways to overcome the aforementioned difficulties. 展开更多
关键词 actions for addressing climate change environmental rights judicial activism holistic system view
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National Human Rights Action Plan of China (2009-2010) 被引量:6
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作者 The Information Off ice of the State Council published the National Human Rights Action Plan of China 《The Journal of Human Rights》 2009年第3期5-20,共16页
Introduction The realization of human rights in the broadest sense has been a long-cherished ideal of mankind and also a longpursued goal of the Chinese government and people.
关键词 National Human rights action Plan of China 2010
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National Human Rights Action Plan of China(2016-2020) 被引量:3
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作者 The State Council Information Office, PRC 《The Journal of Human Rights》 2016年第5期419-445,共27页
Introduction The period from 2016 to 2020 is a decisive stage for China in the building of a moderately prosperous society in an all-round way as well as a major stage for realizing the orderly,steady and sustainable ... Introduction The period from 2016 to 2020 is a decisive stage for China in the building of a moderately prosperous society in an all-round way as well as a major stage for realizing the orderly,steady and sustainable development of human rights in China. 展开更多
关键词 OVER WORK National Human rights action Plan of China
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National Human Rights Action Plan of China (2012-2015) 被引量:3
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作者 INFORMATION OFFICE OF THE STATE COUNCIL OF THE PEOPLE’S REPUBLIC OF CHINA 《The Journal of Human Rights》 2012年第4期2-18,共17页
The formulation of the National Human Rights Action Plan is an impor- tant measure taken by theChinese government to ensure the implementation of the constitutional principle of respecting and safeguarding human right... The formulation of the National Human Rights Action Plan is an impor- tant measure taken by theChinese government to ensure the implementation of the constitutional principle of respecting and safeguarding human rights. It is of great significance to promoting scientific development and social harmony, and to achieving the great objective of building a moderately prosperous society in an all-round way. 展开更多
关键词 National Human rights action Plan of China WILL
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Unenumerated Rights Clauses and the System of Restriction on Fundamental Rights——Another Construction Plan for Article 51 of the Constitution of PRC
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作者 杜强强 QIAN Chuijun 《The Journal of Human Rights》 2023年第1期91-108,共18页
According to constitutional jurisprudence in China,Article 51 of the Constitution is an unenumerated restrictive clause.Such theoretical construction fails to justify the differentiated restrictions established in the... According to constitutional jurisprudence in China,Article 51 of the Constitution is an unenumerated restrictive clause.Such theoretical construction fails to justify the differentiated restrictions established in the Constitution and makes it difficult to explain the constitutional status of human dignity. Article 51 implies the possibility of other theoretical constructions. It is not an unenumerated restriction clause but an unenumerated rights clause. It aims to provide guarantees for general freedom of action not enumerated in the Constitution rather than restricting fundamental rights. The actual benefit of this kind of theoretical construction lies in that it can establish the basis of the constitutional text for general freedom of action and promote the people’s correct understanding of the model of restriction on fundamental rights established by the Constitution of PRC. 展开更多
关键词 restriction on fundamental rights ¿legal construction ¿general freedom of action
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Assessment of Human Rights Action Plans and Use of Its Results from a Global Perspective
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作者 许尧 《The Journal of Human Rights》 2019年第2期163-177,共15页
Since the World Conference on Human Rights in 1993,more than a quarter of the participating countries have developed National Human Rights Action Plans(NHRAPs)to promote human rights.An assessment of the NHRAPs can he... Since the World Conference on Human Rights in 1993,more than a quarter of the participating countries have developed National Human Rights Action Plans(NHRAPs)to promote human rights.An assessment of the NHRAPs can help to understand the realities of the implementation,improve the quality of the follow-up plan,and improve the effectiveness of the plan in the implementation process.From the texts and practices of the NHRAPs,such an assessment includes the 'self-assessments' of the plans’ implementers,comprehensive assessments of inter-departmental committees(groups),and evaluations of policy objects,social organizations and human rights experts.The assessment methods include field research,qualitative evaluation,indicator measurement and process monitoring,among other things.The results of the assessment can promote the cohesion between the NHRAPs in different periods,promote the accumulation and transmission of the implementation experience of the plan,and promote the optimization and adjustment of related matters during the implementation period. 展开更多
关键词 National HUMAN rightS action Plans HUMAN rightS POLICY POLICY ASSESSMENT
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Connection Between Policies and Laws on Human Rights Protection:Case Study of the National Human Rights Action Plans
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作者 张万洪 王若茵 LIU Dong(译) 《The Journal of Human Rights》 2019年第2期153-162,共10页
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 pr... 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. 展开更多
关键词 National HUMAN rightS action PLANS HUMAN rightsprotection POLICY
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Protecting the Rights of Disabled Persons——From the Perspective of Protecting Their Right to Development with Affirmative Action as the Core
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作者 钱锦宇 ZHANG Wenhong 《The Journal of Human Rights》 2017年第2期162-170,共9页
Establishing and protecting the right to development of disabled persons is not only the important part of Xi Jinping’s thought on human rights, but also a reflection of Marxism’s idea of human rights and a requirem... Establishing and protecting the right to development of disabled persons is not only the important part of Xi Jinping’s thought on human rights, but also a reflection of Marxism’s idea of human rights and a requirement of the rule of law in China. It is necessary to promote the protection of the right to development of disabled persons in terms of affirmative action. The Chinese government’s affirmative action requires structural characteristics, including providing the institutional basis for the affirmative action by constructing legal and non-legal institutions, providing an environment conducive for the affirmative action by shaping a more aware social ecology and providing valid guarantees for affirmative action by increasing the responsibility of local governments. 展开更多
关键词 disabled persons right to development human rights affirmative action
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On Limitation of Action against Acts of Continuous Infringement of Trademark Right
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作者 Wang Ze 《China's Foreign Trade》 2005年第3期46-50,共5页
  The right to claim for damages for infringement is of the character of credit and an object of limitation of action. In case of trademark right infringement, the provision on limitation of action of the General Pr...   The right to claim for damages for infringement is of the character of credit and an object of limitation of action. In case of trademark right infringement, the provision on limitation of action of the General Principles of the Civil Law also apply to the trademark proprietor's right to claim for damages for infringement.…… 展开更多
关键词 On Limitation of action against Acts of Continuous Infringement of Trademark right
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Four Mechanisms for Safeguarding the Effectiveness of the Human Rights Action Plan: Based on African Experience
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作者 许尧 YU Nan(译) 《The Journal of Human Rights》 2018年第3期305-313,共9页
Since the 1993 World Conference on human Rights, nine African countries have implemented ten human rights action plans. An analysis of the texts and related implementation of these plans reveals that there are four me... Since the 1993 World Conference on human Rights, nine African countries have implemented ten human rights action plans. An analysis of the texts and related implementation of these plans reveals that there are four mechanisms that play a key role in improving the effectiveness of the implementation of the national human Rights Action Plan, namely, the positioning and focusing mechanism for the country’s core human rights issues, the integration mechanism between the action plans and the countries’ development strategies, domestic economic growth and related resources utilization mechanism, and effective governance of domestic public conflicts and public order guarantee mechanism. defining and coordinating these mechanisms is of great practical significance for improving the effectiveness of human rights action plans in developing countries. 展开更多
关键词 AFRICA National Human rights action plan human rights policy
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Three Categories of International Comments on National Human Rights Action Plans and Their Implications——An Analysis Based on UPR Reports
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作者 许尧 NIU Huizi(译) 《The Journal of Human Rights》 2020年第3期376-393,共18页
At least 57 countries have formulated and implemented 78 national human rights action plans, and the international assessment of them has had direct influence on their international human rights images of their issuer... At least 57 countries have formulated and implemented 78 national human rights action plans, and the international assessment of them has had direct influence on their international human rights images of their issuers and the focuses of future planning According to related reports from the universal periodic review by the united nations Human rights Council, three categories of comments in a rough quantitative proportion of 1:4:2 have been made by the international community on these plans, which can be categorized as: Attention, Laudatory and expectation, representing objective attention, appreciation or encouragement and anticipation of further implementation or improvement, respectively In terms of regions, Asian countries have received the most Attention Comments, europe and Africa fewer, and America the least The marked achievements in the formulation and implementation of human rights action plans in China have attracted widespread attention and recognition, and further efforts should be made to implement steady and consistent human rights policies, improve the implementation mechanisms and integrate the external and internal functions of human rights action plans so as to promote the sustainable development of China’s human rights cause. 展开更多
关键词 National Human rights action Plan UPR human rights diplomacy
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Pursuit of Excellence:The Past Development and New Progress of the Human Rights Action Plans of China
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作者 张万洪 HU Genfu(Translated) 《The Journal of Human Rights》 2021年第5期789-804,共16页
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 formulate... 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. 展开更多
关键词 Human rights action Plan of China human rights development public participation monitoring and evaluation
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China's Human Rights Actions under the Impact of the COVID-19 Pandemic
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作者 祖力亚提·司马义 LIU Haile(Translated) 《The Journal of Human Rights》 2021年第4期552-559,共8页
Only on the premise of the safety of life and good health can human beings have the opportunity to fully enjoy and develop various rights,achieve a state of free and comprehensive development and pursue the highest va... Only on the premise of the safety of life and good health can human beings have the opportunity to fully enjoy and develop various rights,achieve a state of free and comprehensive development and pursue the highest value of human rights.In 2020,the COVID-19 pandemic spread globally.Under the guidance of the“people-centered”human rights concept,China has put people’s life and health in the first place,and safeguards the people’s right to life and health as its primary task and important mission.Facts have proven that under the strong leadership of the CPC Central Committee with General Secretary Xi Jinping at the core,the people’s right to life and health has been guaranteed,which fully demonstrates the value in the“people-centered”human rights concept that people’s interests are above all else. 展开更多
关键词 the Covid-19 pandemic life and health China human rights action
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The Rationale for Victims' Cooperation in Cases of Pleading Guilty and Accepting Punishment from the Perspective of Protecting the Right of Action
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作者 赵恒 JIANG Yu(译) 《The Journal of Human Rights》 2021年第3期473-495,共23页
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
关键词 VICTIMS right of action leniency system for pleading guilty and accepting punishment concept of cooperative justice
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Law School of Nankai University Holds International Seminar on National Human Rights Action Plan
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作者 NIU TINGTING & DONG YAN 《The Journal of Human Rights》 2009年第4期38-39,共2页
The Information Office of the State council issued the first National Human Rights Action Plan of China (NHRAP) (2009-2010) on April 13, 2009. The Nankai University participated in the drafting of this significant... The Information Office of the State council issued the first National Human Rights Action Plan of China (NHRAP) (2009-2010) on April 13, 2009. The Nankai University participated in the drafting of this significant national document on human rights, with three teachers invited one after another to work at the panel of experts under the drafting committee. In cooperation with the Raoul Wallenberg Institute of Human Rights and Humanitarian Law (RWlHRHL) of Sweden, the Research Center for Human Rights under Law School of the university held an international seminar titled "Formulation and Implementation of NHRAP- Swedish Experience." 展开更多
关键词 In SCHOOL Law School of Nankai University Holds International Seminar on National Human rights action Plan
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Action Plan to Promote All-Round Progress in China's Human Rights Cause——An Interview with Wang Chen,director of the State Council Information Office
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作者 OUR STAFF REPORTER 《The Journal of Human Rights》 2009年第4期2-4,共3页
EDITOR'S NOTE: The National Human Rights Action Plan of China (2009-2010) has won favorable comments in China and abroad since its publication by the Information Office of the State Council on April 13, 2009. Here... EDITOR'S NOTE: The National Human Rights Action Plan of China (2009-2010) has won favorable comments in China and abroad since its publication by the Information Office of the State Council on April 13, 2009. Here is a transcript of an interview given to our reporters by Wang Chen, director of the Office, on the Action Plan, which we hope will help our readers gain a better understanding of China's human rights cause and its development. 展开更多
关键词 action Plan to Promote All-Round Progress in China’s Human rights Cause An Interview with Wang Chen director of the State Council Information office CHEN WANG
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National Human Rights Action Plan as a Milestone 被引量:1
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作者 SUN PINGHUA is a vice professor of the China University of Political Science and Law 《The Journal of Human Rights》 2012年第5期17-23,共7页
Since "the state respects and protects human rights" was written into the Constitution in 2004, the Chinese government has issued many white papers during a short period of a few years and has included "respect and... Since "the state respects and protects human rights" was written into the Constitution in 2004, the Chinese government has issued many white papers during a short period of a few years and has included "respect and protect human rights" in the 11 th Five Year Plan of National Economic and Social Development. 展开更多
关键词 National Human rights action Plan as a Milestone
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Study on the Joint Meeting Mechanism for the National Human Rights Action Plan
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作者 常健 《The Journal of Human Rights》 2019年第2期135-152,共18页
The joint meeting mechanism for the National Human Rights Action Plan(NHRAP)is a multi-faceted mechanism which unifies political,legislative,administrative,judicial and social sectors.It undertakes the responsibility ... The joint meeting mechanism for the National Human Rights Action Plan(NHRAP)is a multi-faceted mechanism which unifies political,legislative,administrative,judicial and social sectors.It undertakes the responsibility of formulating,implementing,supervising and evaluating the NHRAP,promotes mutual learning,exchange and competition among member units in the protection of human rights.Over the ten years since it was established,it has proved to be a successful innovative mechanism for protecting human rights that is in line with China’s national conditions.In order to improve the operation of the joint meeting mechanism the NHRAP,it is necessary to establish a more effective coordination mechanism within the joint meeting mechanism,and to subdivide the monitoring and evaluation functions into three levels. 展开更多
关键词 HUMAN rightS the National HUMAN rightS action PLAN the joint MEETING MECHANISM PRACTICES
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The 2030 Agenda for Sustainable Development Sets Action Targets for Realizing the Right to Development in the New Era
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作者 罗艳华 《The Journal of Human Rights》 2017年第1期24-29,共6页
During the three decades after the adoption of the Declaration on the Right to Development, the right to development has received wider acknowledgement throughout the international community, and has become a typical ... During the three decades after the adoption of the Declaration on the Right to Development, the right to development has received wider acknowledgement throughout the international community, and has become a typical example of 'third-generation rights.' The 2030 Agenda for Sustainable Development, which puts forward 17 goals of sustainable development, was adopted at the UN Sustainable Development Summit on September 25, 2015. From the contents of the agenda, we can see that the 2030 Agenda for Sustainable Development highly conforms to the right to development. Both match, not only in purpose and content, but also in object and subject, as well as in demands for countries and the foundations needed. We may regard the 2030 Agenda for Sustainable Development as setting action targets for the realization of the right to development in the new era. Meanwhile, to realize the right to development in the new situation is to accomplish the aim of the 2030 Agenda for Sustainable Development. The two adopt different approaches that lead to the same destination. 展开更多
关键词 right to development Agenda for Sustainable Development action targets new era
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