The discharge of nuclear-contaminated water containing radionuclides into the ocean by Japan will lead to its integration into the entire ecosystem through processes of circulation and biomagnification,eventually ente...The discharge of nuclear-contaminated water containing radionuclides into the ocean by Japan will lead to its integration into the entire ecosystem through processes of circulation and biomagnification,eventually entering the human body via the food chain.This poses a substantial risk of irreversible damage to both the ecosystem and human health,a situation that will worsen with the ongoing discharge of such water.The respect and protection of human rights represent an international consensus,and safeguarding fundamental human rights is a substantial obligation that states must undertake in accordance with both international and domestic law.Since the Fukushima nuclear disaster,Japan has continuously violated its international legal obligations to protect human rights in several areas,including the resettlement of disaster victims,the reduction of nuclear radiation levels,and the handling of contaminated water.Such actions have compromised and will continue to compromise the basic human rights of not only its citizens but also those of people worldwide,including environmental rights,the right to life,development rights,and food rights.In the aftermath of the Fukushima meltdown,the public and workers involved in handling nuclear contaminants have been continually exposed to high radiation levels,endangering their rights to life,development,and health.Japan’s inadequate efforts in victim resettlement and environmental restoration have jeopardized the environmental and food rights of its citizens to live healthily and access food in an environment unaffected by nuclear radiation.The release of nuclear-contaminated water poses a risk of Japan’s nuclear pollution to the people of neighboring countries and the global population at large.The principle of human rights underpins the theory of a community with a shared future for humanity,and human rights are a crucial area of China’s active participation in United Nations affairs and global governance.By voicing concerns over Japan’s potential human rights violations globally,China demonstrates its role as a responsible major country.In response to Japan’s breach of legal obligations and human rights violations,China can adopt a reasoned and beneficial approach,including calling on the international community to hold Japan criminally accountable for crimes against humanity under the Rome Statute and advancing scholarly discussions on ecocide and crimes against the marine environment.Furthermore,China should persist in seeking advisory opinions from the International Court of Justice and strive for substantive accountability,utilizing the mechanisms of international human rights organizations to make its voice heard.展开更多
It should be ensured that all peoples enjoy human rights as equals by allowing them to follow their respective paths of modernization.DECEMBER 2023 marked the 75th anniversary of the Universal Declaration of Human Rig...It should be ensured that all peoples enjoy human rights as equals by allowing them to follow their respective paths of modernization.DECEMBER 2023 marked the 75th anniversary of the Universal Declaration of Human Rights(UDHR).On December 10,1948,the United Nations General Assembly adopted the UDHR(General Assembly resolution 217 A),the first international document on this issue.Chang Peng Chun(P.C.Chang,1892-1957),vice chairman of the original UN Commission on Human Rights at the time.展开更多
This article presents the research protocol of an interpretative phenomenological study that aims to understand the lived experiences of coercion and human rights-based practices in psychiatry from the perspectives of...This article presents the research protocol of an interpretative phenomenological study that aims to understand the lived experiences of coercion and human rights-based practices in psychiatry from the perspectives of people living with mental health problems during involuntary hospitalization or treatment.This qualitative study used an interpretative phenomenological analysis design.In-depth,one-on-one interviews along with a socio-demographic questionnaire were conducted with approximately 10 participants.Data analysis was followed by an iterative and hermeneutic emergence coding process.By centering human rights-based practices on the lived experiences of people living with mental health problems who encountered coercion,this study highlighted the contributing and limiting factors to the recognition of human rights in nursing practices.This study also promoted the development of nursing knowledge and practices that can significantly contribute to an individual’s recovery process.展开更多
China’s human rights practice focuses on the rights of subsistence and development,China always regards rights to subsistence and development as primary and basic human rights.As a goal humanity has pursued for a lon...China’s human rights practice focuses on the rights of subsistence and development,China always regards rights to subsistence and development as primary and basic human rights.As a goal humanity has pursued for a long time,the Chinese people have worked tirelessly to protect human rights for all.Consistent with its rising global stature,the nation has moved from its traditionally more defensive posture to a more activist role in the field of global human rights protection,especially in the United Nations Human Rights Council.展开更多
In China,the main discourse on human rights can be classified into four categories:political discourse,policy discourse,institutional discourse,and academic discourse.These four categories show significant differences...In China,the main discourse on human rights can be classified into four categories:political discourse,policy discourse,institutional discourse,and academic discourse.These four categories show significant differences in terms of the context,content,mode of expression,characteristics,and functions of the discourse.They cannot be simply equated or interchangeable with one another.However,they also rely on,restrict,and promote each other,and under certain conditions,they can be transformed into one another.It is needed to prevent imbalances,mismatches in context,isolation,and inadequate translation among human rights discourses.Meanwhile,it is essential to promote balanced development among different discourses,where each discourse maintains its own boundaries,refers to one another,and undergoes accurate translation,in order to construct their healthy interrelationships.Exploring appropriate methods of translation between discourses is an important and worthwhile topic for research in Chinese human rights discourse.It holds significant practical significance and academic value in constructing the Chinese human rights discourse system.展开更多
In the reform process of the rural land property rights system,the incentive mechanism of the rural land property rights system has a crucial impact on the production activities of rural economic entities.Due to the d...In the reform process of the rural land property rights system,the incentive mechanism of the rural land property rights system has a crucial impact on the production activities of rural economic entities.Due to the different rights structures of the property rights system in different social and economic development stages,the land rights and interests enjoyed by rural economic subjects are different,and the degree of incentives for farmers is also different.This difference in incentives affects farmers investment in agricultural production factors,which in turn affects agricultural performance.This paper analyzes the incentive impacts of the structure of rural land property rights on the changes of farmers land rights and agricultural performance since the founding of the People s Republic of China,in order to further deepen the reform of the land system,protect the rights and interests of farmers,promote the modernization of agriculture and rural areas,and explore the realization form and operation mechanism of the rural collective land system in the new era.展开更多
The development of theories on human rights with Chinese characteristics and China’s engagement in global human rights governance cannot be separated from attention to contemporary Western human rights theory.The deb...The development of theories on human rights with Chinese characteristics and China’s engagement in global human rights governance cannot be separated from attention to contemporary Western human rights theory.The debate between naturalistic and political conceptions of human rights has a long history,but discussions on the basic criteria for evaluating human rights theories have been insufficient.This article,focusing on the criterion of fidelity to practice,attempts to identify the development trajectory and direction of human rights theory.The universal claims of naturalistic human rights perspectives and the human rights catalog they propose have been criticized for deviating from practice.On the other hand,political conceptions of human rights,while emphasizing domestic human rights practices,have been criticized for their occasional nature and perceived loss of criticality.The broad-way practice theory seeks a third way that goes beyond the divide between these two perspectives.On the one hand,the theory itself faces limitations and the need for reshaping,while on the other hand,the traditional singular practice theory is also undergoing self-renewal.It can be said that the“internal critique”of contemporary Western human rights theory is already underway and will continue.展开更多
The Asian Forum on Human Rights was held at the Renmin University of China(RUC)from November 26 to 27,2022.With the theme“Environment,Climate Change and Human Rights,”the event consisted of 12 sub-forums.The forum w...The Asian Forum on Human Rights was held at the Renmin University of China(RUC)from November 26 to 27,2022.With the theme“Environment,Climate Change and Human Rights,”the event consisted of 12 sub-forums.The forum was hosted by RUC and jointly organized by the RUC Law School,RUC School of Global Governance,Human Rights Center of RUC,RUC Asia-Pacific Institute of Law,and RUC Center for Coordination and Innovation of Food Safety Governance.The forum focused on discussing topics related to climate change and the environment and responded to common concerns of the international community.It built an international exchange platform to facilitate Asian scholars to build consensus on human rights.Covering a wide range of topics,the event promoted academic exchange in various fields.Experts and scholars from both home and abroad built an extensive consensus on topics such as climate change,environmental conservation,and human rights protection through open exchanges and in-depth discussions,contributing their ideas and wisdom to improving the common well-being of Asian people.展开更多
“China’s Human Rights Science”is undoubtedly a brand-new concept.Just as China has its own philosophy,literature,history,law,political science,and sociology,it should also have its own human rights science.China’s...“China’s Human Rights Science”is undoubtedly a brand-new concept.Just as China has its own philosophy,literature,history,law,political science,and sociology,it should also have its own human rights science.China’s Human Rights Science refers to the cognitive science of human rights in China.Developing its disciplinary system,academic system,and discourse system,and constructing an independent Chinese human rights knowledge system,are essential requirements for promoting the great rejuvenation of the Chinese nation through Chinese modernization and creating a new form of human civilization.China’s Human Rights Science originated in China,grew in China,and deepened through China’s human rights practices.China’s Human Rights Science adhere to the universality of human rights principles and possess distinctive characteristics.It works as the knowledge-based organization,academic refinement,and theoretical expression of the path of human rights development that conforms to the trend of the times and suits China’s national conditions,as pursued by the Communist Party of China in leading the people.China’s Human Rights Science can enrich and develop the theory of human rights civilization,and should become a global public product of human rights.展开更多
To develop China’s human rights cause with a people-centered approach,we should pay close attention to the concrete experiences of the general public regarding the protection of human rights.Deepening the research on...To develop China’s human rights cause with a people-centered approach,we should pay close attention to the concrete experiences of the general public regarding the protection of human rights.Deepening the research on the perception of respect for human rights can contribute to a more comprehensive understanding of the practical achievements of the hu man rights cause.Public environmental rights,as a new type of human rights,have become an important aspect of the development of the human rights cause in the new era.The central envi ronmental inspection,as an authoritative and interventionist vertical governance mechanism,promotes the implementation of environmental policies by local Party committees and govern ments and strengthens environmental information disclosure and public participation in environ mental matters.As a result,it contributes to the realization of public environmental rights and stimulates public perception of respect for human rights.Among them,the“look-back inspec tion is an important component of the central environmental inspection,and its implemen tation consolidates and enhances the previous inspection work.An empirical analysis based on the World Values Survey’s data for China indicates that residents in the provinces that have underg one“look-back inspections are more inclined to believe that human rights are adequately re spected compared to residents in the provinces that have not underwent such inspections.It suggests that the advancement and improvement of the central environmental inspection system promote improvements in ecological environment quality and contribute to enhancing the public percep tion of respect for human rights.展开更多
Objective To discuss the problems existing in the compensation of Chinese clinical trial participants and propose some suggestions for improving their rights.Methods The literature related to the participants’right t...Objective To discuss the problems existing in the compensation of Chinese clinical trial participants and propose some suggestions for improving their rights.Methods The literature related to the participants’right to compensation at home and abroad was searched to study the inadequacy of the compensation right for clinical trial participants in China from four aspects:insurance system,principle of attribution,legal relationship and compensation regulations.Then,some suggestions to improve the participants’right to compensation were proposed.Results and Conclusion China lacks clear legal norms for participants’right to compensation.There are problems such as unclear insurance rules and compensation rules,unclear contractual relationships between parties to clinical trials,and no laws and regulations to rely on for attribution and compensation.China should issue regulatory guidelines related to the right to compensation of participants in clinical trials,so that all parties in clinical trials can have rules to follow if there is the occurrence of injury,which can better protect the rights and interests of the participants.展开更多
Promoting the unity of human nature and sociality in practice is a fundamental path dependence for achieving people's well-rounded development.Within the context of harmonious coexistence between humans and nature...Promoting the unity of human nature and sociality in practice is a fundamental path dependence for achieving people's well-rounded development.Within the context of harmonious coexistence between humans and nature,the practice of the unity of human nature and sociality is allowed to be truly implemented,and people's well-rounded development moves from possibility to reality.Strengthening the protection of human rights for people's well-rounded development in the harmonious coexistence between humans and nature not only requires the expansion of the connotations of environmental rights from“the right to a healthy environment”to“the right to a beautiful environment”,but also necessitates the formation of a collaborative framework between environmental rights and development rights.For legal responses to the expansion of the connotations of environmental rights,it is necessary to implement such expansions in environmental legislation,enhance the underlying principles,and make progress in the development of systematic environmental legislation simultaneously.Regarding the legal promotion of the synergy between environmental rights and development rights,it is essential to follow the guidance of the“Two Mountains Theory,”take the coordinated functions of environmental and traditional legal departments as the basis,and build a legal mechanism for the realization of the value of ecological products and services.展开更多
The formation of personality comes from people’s choices and pursuit of self-realization,which is influenced by objective factors but not determined by them,so personality does not belong to the domain of objectivity...The formation of personality comes from people’s choices and pursuit of self-realization,which is influenced by objective factors but not determined by them,so personality does not belong to the domain of objectivity.The concept of general personality rights in the German Constitution was initially premised on the objective determinability in the field of personality,but in constitutional jurisprudence,it gradually shifted to something with individual autonomy as the core and personal self-realization as the goal,and the scope of relevant rights expanded accordingly,so that they could not be clearly distinguished from general freedom of action and thus became the general principle of constitutional rights.The protection of constitutional personality rights in the United States and Japan can also confirm this process,providing evidence for the constitutional nature of personality rights.Deeper research shows that constitutional personality rights actually manifest the highest value of modern constitutions—human dignity.In contrast,the theoretical justification of personality rights in civil law just lies in the objectivity and defensive nature of personality elements.展开更多
There is a long-standing conflict between intellectual property rights and public freedom of information.The continuous development of the“anti-circumvention clause”has caused the conflict to intensify.As a basic hu...There is a long-standing conflict between intellectual property rights and public freedom of information.The continuous development of the“anti-circumvention clause”has caused the conflict to intensify.As a basic human right,freedom of information is being gradually eroded by the expansion of intellectual property rights.The existing research mainly carries on the right balance from the negative protection path,but the positive protection path is more advantageous to realizing the public freedom of information and alleviates the conflict between the two kinds of rights.In practice,there are some problems in the application of the anti-circumvention clause,such as the legality of the aim,the division of the protected part,and the determination of the circumvention.This is mainly due to the lack of restrictions on technical measures,the failure to distinguish between“copyright protection”and“contact control”,and the offside and absence of administrative bodies in practice.We should protect public freedom of information by distinguishing the two measures of copyright protection and contact control and the two torts of access and use,increasing the restrictive conditions for the use of technical protection measures,and changing the functions of administrative supervision agencies.展开更多
Traditional human rights theory tends to hold that human rights should be aimed at defending public authority and that the legal issue of human rights is a matter of public law.However,the development of human rights ...Traditional human rights theory tends to hold that human rights should be aimed at defending public authority and that the legal issue of human rights is a matter of public law.However,the development of human rights concepts and practices is not just confined to this.A textual search shows that the term“human rights”exists widely in China’s civil judicial documents.Among the 3,412 civil judicial documents we researched,the concept of“human rights”penetrates all kinds of disputes in lawsuits,ranging from property rights,contracts,labor,and torts to marital property,which is embedded in both the claims of the parties concerned and the reasoning of judges.Human rights have become the discourse and yardstick for understanding and evaluating social behavior.The widespread use of the term“human rights”in civil judicial documents reflects at least three concepts related to human rights:first,the rights to subsistence and development are the primary basic human rights;second,the judicial protection of human rights is a bottom-line guarantee;third,the protection of human rights aims to achieve equal rights.Today,judges quote the theory of human rights in judicial judgments from time to time,evidencing that human rights have a practical function in judicial adjudication activities,and in practice this is mainly manifested in declaring righteous values and strengthening arguments with the values and ideas related to human rights,using the provisions concerning human rights in the Constitution to interpret the constitutionality,and using the principles of human rights to interpret blurred rules and rank the importance of different rights.展开更多
As China’s overseas investment and business operations continue to expand,the issue of human rights risks faced by Chinese transnational corporations abroad has attracted sustained attention from society.In recent ye...As China’s overseas investment and business operations continue to expand,the issue of human rights risks faced by Chinese transnational corporations abroad has attracted sustained attention from society.In recent years,China has enacted a series of laws,regulations,and policies to better regulate the overseas business conduct of transnational corporations,urging them to respect the human rights of the people in host countries and fulfill their social responsibilities to achieve sustainable development.Meanwhile,China has actively participated in the formulation of the Legally Binding Instrument on Activities of Transnational Corporations and Other Business Enterprises in International Human Rights Law,providing a Chinese solution to promote global governance of transnational corporations.However,in practice,the lack of institutional mechanisms,systems,and industry rules to supervise and guide transnational enterprises in fulfilling their human rights responsibilities,as well as the limited awareness of human rights risks among these enterprises,have resulted in ongoing human rights risks in their overseas business operations,particularly regarding labor rights and environmental rights.In response,China should take its national conditions into consideration and focus on the development trends of human rights issues in the business sector at the international level.Drawing on the experiences of other countries,China should explore and establish institutional and practical measures to regulate the human rights responsibilities of transnational enterprises through legislation,administration,and judiciary actions,in order to address the risks and challenges faced by Chinese enterprises in foreign investments and contribute to the sustainable development of the world and global human rights governance.展开更多
Environmental personality interests based on human rights reflect the multiple values of ecological order,ecological justice,and ecological freedom,and are closely linked to the protection of the right to life and the...Environmental personality interests based on human rights reflect the multiple values of ecological order,ecological justice,and ecological freedom,and are closely linked to the protection of the right to life and the right to health.They are also related to human dignity and the personal freedom of civil subjects and conform to formal and essential standards of personality rights,which should be included in the scope of personality rights for protection.The construction and application of environmental personality rights faces bottlenecks such as the partiality of subjects,limitation of objects,and hysteresis of responsibilities in the protection of environmental personality rights.Environmental personality rights are supposed to reflect the needs of the development of modern human rights.We should expand the scope of its connotative power and function based on the Green Principle of the Civil Code,and follow a networked,typified,and systematic path of protection,so as to manifest the people-centered philosophy of the Civil Code and the Environmental Protection Law.展开更多
Whether a new generation of human rights emerges in the digital age has sparked widespread debate.Academic understanding of digital technology remains confined to thinking about network technology and products,often o...Whether a new generation of human rights emerges in the digital age has sparked widespread debate.Academic understanding of digital technology remains confined to thinking about network technology and products,often overlooking the revolutionary nature of digital media.Digital media has the sweeping potential to unify all forms of media and reshape social life,giving rise to new demands for a new generation of human rights.The concept of digital human rights can be defined as the legitimate rights of human's infinitely extended personalities through digital media.Its core characteristic is its transcendency,where every person lives in a networked space that surpasses physical boundaries,nations,and individual personalities.Human rights are generally considered the foundation for basic constitutional rights,which,in turn,form the basis for legislative acts across various sectors.In recent years,China has enacted numerous laws in the digital domain to keep pace with the times,but due to the lack of guidance on digital human rights,these laws tend to be fragmented and disjointed.It is urgent to unify digital legislation at all levels on the basis of reshaping basic constitutional rights.Thus,it is essential to reshape the basic rights based on the concept and characteristics of digital human rights and streamline legislation at all levels under the unified guidance of basic rights.This can help establish a comprehensive digital human rights protection system that meets the demands of the modern era.展开更多
On June 14-15,2023,the Forum on Global Human Rights Governance,jointly hosted by the State Council Information Office,the Ministry of Foreign Affairs,and the China International Development Cooperation Agency,was held...On June 14-15,2023,the Forum on Global Human Rights Governance,jointly hosted by the State Council Information Office,the Ministry of Foreign Affairs,and the China International Development Cooperation Agency,was held in Beijing under the theme of“Equality,Cooperation and Development:The 30th Anniversary of the Vienna Declaration and Programme of Action and Global Human Rights Governance.”Participants conducted in-depth discussions and exchanges on topics such as“International Cooperation and Global Human Rights Governance,”“Global Development Initiative and the Realization of the Right to Development”,“Global Security Initiative and Human Rights Protection,”“UN Human Rights Mechanisms and Global Human Rights Governance,”and“Human Rights Protection in the Digital Age.”The event helped build international consensus and yielded fruitful achievements.展开更多
The Chinese concept of human rights serves as the core value of China’s path of human rights development,guiding the comprehensive advancement of China’s human rights cause and providing Chinese wisdom for the devel...The Chinese concept of human rights serves as the core value of China’s path of human rights development,guiding the comprehensive advancement of China’s human rights cause and providing Chinese wisdom for the development of human rights cause worldwide.Throughout the development process of China’s human rights cause in the new era,the international communication of the Chinese concept of human rights has achieved positive results and played an essential role in the international human rights discourse struggle,external exchanges on human rights,and the transformation of international human rights mechanisms.However,it also faces challenges such as the dominance of Western human rights concepts,the marginalization of the Chinese concept of human rights,the incomplete establishment of China’s external discourse system on human rights,and constraints on international communication channels.Therefore,in the new era,it is crucial to address the weaknesses in the international communication of the Chinese concept of human rights,optimize communication channels,and enhance its international influence.展开更多
基金supported by the Major Com-missioned Project of Social Science Planning Fund of Liaoning Prov-ince,China:“Research on Legal Issues of Cross-border Nuclear Dam-age Compensation in the Context of Japan’s Discharge of Nuclear Sewage”[Grant No.L23ZD072].
文摘The discharge of nuclear-contaminated water containing radionuclides into the ocean by Japan will lead to its integration into the entire ecosystem through processes of circulation and biomagnification,eventually entering the human body via the food chain.This poses a substantial risk of irreversible damage to both the ecosystem and human health,a situation that will worsen with the ongoing discharge of such water.The respect and protection of human rights represent an international consensus,and safeguarding fundamental human rights is a substantial obligation that states must undertake in accordance with both international and domestic law.Since the Fukushima nuclear disaster,Japan has continuously violated its international legal obligations to protect human rights in several areas,including the resettlement of disaster victims,the reduction of nuclear radiation levels,and the handling of contaminated water.Such actions have compromised and will continue to compromise the basic human rights of not only its citizens but also those of people worldwide,including environmental rights,the right to life,development rights,and food rights.In the aftermath of the Fukushima meltdown,the public and workers involved in handling nuclear contaminants have been continually exposed to high radiation levels,endangering their rights to life,development,and health.Japan’s inadequate efforts in victim resettlement and environmental restoration have jeopardized the environmental and food rights of its citizens to live healthily and access food in an environment unaffected by nuclear radiation.The release of nuclear-contaminated water poses a risk of Japan’s nuclear pollution to the people of neighboring countries and the global population at large.The principle of human rights underpins the theory of a community with a shared future for humanity,and human rights are a crucial area of China’s active participation in United Nations affairs and global governance.By voicing concerns over Japan’s potential human rights violations globally,China demonstrates its role as a responsible major country.In response to Japan’s breach of legal obligations and human rights violations,China can adopt a reasoned and beneficial approach,including calling on the international community to hold Japan criminally accountable for crimes against humanity under the Rome Statute and advancing scholarly discussions on ecocide and crimes against the marine environment.Furthermore,China should persist in seeking advisory opinions from the International Court of Justice and strive for substantive accountability,utilizing the mechanisms of international human rights organizations to make its voice heard.
文摘It should be ensured that all peoples enjoy human rights as equals by allowing them to follow their respective paths of modernization.DECEMBER 2023 marked the 75th anniversary of the Universal Declaration of Human Rights(UDHR).On December 10,1948,the United Nations General Assembly adopted the UDHR(General Assembly resolution 217 A),the first international document on this issue.Chang Peng Chun(P.C.Chang,1892-1957),vice chairman of the original UN Commission on Human Rights at the time.
基金This research project was funded by the Human Sciences Research Council and the Montreal Research Center on Social Inequalities,Discrimination,and Alternative Citizenship Practices.
文摘This article presents the research protocol of an interpretative phenomenological study that aims to understand the lived experiences of coercion and human rights-based practices in psychiatry from the perspectives of people living with mental health problems during involuntary hospitalization or treatment.This qualitative study used an interpretative phenomenological analysis design.In-depth,one-on-one interviews along with a socio-demographic questionnaire were conducted with approximately 10 participants.Data analysis was followed by an iterative and hermeneutic emergence coding process.By centering human rights-based practices on the lived experiences of people living with mental health problems who encountered coercion,this study highlighted the contributing and limiting factors to the recognition of human rights in nursing practices.This study also promoted the development of nursing knowledge and practices that can significantly contribute to an individual’s recovery process.
文摘China’s human rights practice focuses on the rights of subsistence and development,China always regards rights to subsistence and development as primary and basic human rights.As a goal humanity has pursued for a long time,the Chinese people have worked tirelessly to protect human rights for all.Consistent with its rising global stature,the nation has moved from its traditionally more defensive posture to a more activist role in the field of global human rights protection,especially in the United Nations Human Rights Council.
基金a phased outcome of the research project“Research on the Practice of Human Rights in China Promoting and Enriching Shared Values for All Humanity”funded by the National Social Science Fund of China under project approval No.22ZDA127。
文摘In China,the main discourse on human rights can be classified into four categories:political discourse,policy discourse,institutional discourse,and academic discourse.These four categories show significant differences in terms of the context,content,mode of expression,characteristics,and functions of the discourse.They cannot be simply equated or interchangeable with one another.However,they also rely on,restrict,and promote each other,and under certain conditions,they can be transformed into one another.It is needed to prevent imbalances,mismatches in context,isolation,and inadequate translation among human rights discourses.Meanwhile,it is essential to promote balanced development among different discourses,where each discourse maintains its own boundaries,refers to one another,and undergoes accurate translation,in order to construct their healthy interrelationships.Exploring appropriate methods of translation between discourses is an important and worthwhile topic for research in Chinese human rights discourse.It holds significant practical significance and academic value in constructing the Chinese human rights discourse system.
基金Supported by National Natural Science Foundation of China(41771565)Henan Provincial Government Decision-Making Research Bidding Project(2017B189).
文摘In the reform process of the rural land property rights system,the incentive mechanism of the rural land property rights system has a crucial impact on the production activities of rural economic entities.Due to the different rights structures of the property rights system in different social and economic development stages,the land rights and interests enjoyed by rural economic subjects are different,and the degree of incentives for farmers is also different.This difference in incentives affects farmers investment in agricultural production factors,which in turn affects agricultural performance.This paper analyzes the incentive impacts of the structure of rural land property rights on the changes of farmers land rights and agricultural performance since the founding of the People s Republic of China,in order to further deepen the reform of the land system,protect the rights and interests of farmers,promote the modernization of agriculture and rural areas,and explore the realization form and operation mechanism of the rural collective land system in the new era.
基金a phased result of the research project“Study on Contemporary Chinese Human Rights Theory and Discourse”funded by the Scientific Research Fund of the Renmin University of China(Approval No.22XNA006)。
文摘The development of theories on human rights with Chinese characteristics and China’s engagement in global human rights governance cannot be separated from attention to contemporary Western human rights theory.The debate between naturalistic and political conceptions of human rights has a long history,but discussions on the basic criteria for evaluating human rights theories have been insufficient.This article,focusing on the criterion of fidelity to practice,attempts to identify the development trajectory and direction of human rights theory.The universal claims of naturalistic human rights perspectives and the human rights catalog they propose have been criticized for deviating from practice.On the other hand,political conceptions of human rights,while emphasizing domestic human rights practices,have been criticized for their occasional nature and perceived loss of criticality.The broad-way practice theory seeks a third way that goes beyond the divide between these two perspectives.On the one hand,the theory itself faces limitations and the need for reshaping,while on the other hand,the traditional singular practice theory is also undergoing self-renewal.It can be said that the“internal critique”of contemporary Western human rights theory is already underway and will continue.
文摘The Asian Forum on Human Rights was held at the Renmin University of China(RUC)from November 26 to 27,2022.With the theme“Environment,Climate Change and Human Rights,”the event consisted of 12 sub-forums.The forum was hosted by RUC and jointly organized by the RUC Law School,RUC School of Global Governance,Human Rights Center of RUC,RUC Asia-Pacific Institute of Law,and RUC Center for Coordination and Innovation of Food Safety Governance.The forum focused on discussing topics related to climate change and the environment and responded to common concerns of the international community.It built an international exchange platform to facilitate Asian scholars to build consensus on human rights.Covering a wide range of topics,the event promoted academic exchange in various fields.Experts and scholars from both home and abroad built an extensive consensus on topics such as climate change,environmental conservation,and human rights protection through open exchanges and in-depth discussions,contributing their ideas and wisdom to improving the common well-being of Asian people.
基金a phased result of“Research on the New Form of Chinese Human Rights Civilization,”a key project of the National Social Science Foundation of China(project approval No.21AZD095)“Theoretical Interpretation and Discourse Shaping of the Road of Chinese Rights,”a project of the Philosophy and Social Science Research Innovation Team of Jilin University(project approval No.2022CXTD05)。
文摘“China’s Human Rights Science”is undoubtedly a brand-new concept.Just as China has its own philosophy,literature,history,law,political science,and sociology,it should also have its own human rights science.China’s Human Rights Science refers to the cognitive science of human rights in China.Developing its disciplinary system,academic system,and discourse system,and constructing an independent Chinese human rights knowledge system,are essential requirements for promoting the great rejuvenation of the Chinese nation through Chinese modernization and creating a new form of human civilization.China’s Human Rights Science originated in China,grew in China,and deepened through China’s human rights practices.China’s Human Rights Science adhere to the universality of human rights principles and possess distinctive characteristics.It works as the knowledge-based organization,academic refinement,and theoretical expression of the path of human rights development that conforms to the trend of the times and suits China’s national conditions,as pursued by the Communist Party of China in leading the people.China’s Human Rights Science can enrich and develop the theory of human rights civilization,and should become a global public product of human rights.
基金a phased achievement of“Research on the Improvement of the Central Environmental Inspection System”(project No.21ZDA088)a key project on studying and interpreting the guiding principles of the Fifth Plenary Session of the 19th CPC Central Committeeunder the support of the National Social Science Fund of China。
文摘To develop China’s human rights cause with a people-centered approach,we should pay close attention to the concrete experiences of the general public regarding the protection of human rights.Deepening the research on the perception of respect for human rights can contribute to a more comprehensive understanding of the practical achievements of the hu man rights cause.Public environmental rights,as a new type of human rights,have become an important aspect of the development of the human rights cause in the new era.The central envi ronmental inspection,as an authoritative and interventionist vertical governance mechanism,promotes the implementation of environmental policies by local Party committees and govern ments and strengthens environmental information disclosure and public participation in environ mental matters.As a result,it contributes to the realization of public environmental rights and stimulates public perception of respect for human rights.Among them,the“look-back inspec tion is an important component of the central environmental inspection,and its implemen tation consolidates and enhances the previous inspection work.An empirical analysis based on the World Values Survey’s data for China indicates that residents in the provinces that have underg one“look-back inspections are more inclined to believe that human rights are adequately re spected compared to residents in the provinces that have not underwent such inspections.It suggests that the advancement and improvement of the central environmental inspection system promote improvements in ecological environment quality and contribute to enhancing the public percep tion of respect for human rights.
基金Liaoning Pharmaceutical Industry Innovation and Development Strategy Research and Funding Project(2020lslktyb-095)National Medical Products Administration-Special Fund of Drug Regulatory Research Institute of Shenyang Pharmaceutical University(2021jgkx004)+1 种基金Shenzhen Maternity&Child Healthcare Hospital Science Foundation(2022(73))Shenzhen Health Economics Society Research Fund Project(202333).
文摘Objective To discuss the problems existing in the compensation of Chinese clinical trial participants and propose some suggestions for improving their rights.Methods The literature related to the participants’right to compensation at home and abroad was searched to study the inadequacy of the compensation right for clinical trial participants in China from four aspects:insurance system,principle of attribution,legal relationship and compensation regulations.Then,some suggestions to improve the participants’right to compensation were proposed.Results and Conclusion China lacks clear legal norms for participants’right to compensation.There are problems such as unclear insurance rules and compensation rules,unclear contractual relationships between parties to clinical trials,and no laws and regulations to rely on for attribution and compensation.China should issue regulatory guidelines related to the right to compensation of participants in clinical trials,so that all parties in clinical trials can have rules to follow if there is the occurrence of injury,which can better protect the rights and interests of the participants.
基金phased achievement of the National Social Sciences Fund’s Major Project titled“Research on Legal Regulation of Biodiversity Protection under the Perspective of Holistic System”(Project No.19ZDA162)。
文摘Promoting the unity of human nature and sociality in practice is a fundamental path dependence for achieving people's well-rounded development.Within the context of harmonious coexistence between humans and nature,the practice of the unity of human nature and sociality is allowed to be truly implemented,and people's well-rounded development moves from possibility to reality.Strengthening the protection of human rights for people's well-rounded development in the harmonious coexistence between humans and nature not only requires the expansion of the connotations of environmental rights from“the right to a healthy environment”to“the right to a beautiful environment”,but also necessitates the formation of a collaborative framework between environmental rights and development rights.For legal responses to the expansion of the connotations of environmental rights,it is necessary to implement such expansions in environmental legislation,enhance the underlying principles,and make progress in the development of systematic environmental legislation simultaneously.Regarding the legal promotion of the synergy between environmental rights and development rights,it is essential to follow the guidance of the“Two Mountains Theory,”take the coordinated functions of environmental and traditional legal departments as the basis,and build a legal mechanism for the realization of the value of ecological products and services.
文摘The formation of personality comes from people’s choices and pursuit of self-realization,which is influenced by objective factors but not determined by them,so personality does not belong to the domain of objectivity.The concept of general personality rights in the German Constitution was initially premised on the objective determinability in the field of personality,but in constitutional jurisprudence,it gradually shifted to something with individual autonomy as the core and personal self-realization as the goal,and the scope of relevant rights expanded accordingly,so that they could not be clearly distinguished from general freedom of action and thus became the general principle of constitutional rights.The protection of constitutional personality rights in the United States and Japan can also confirm this process,providing evidence for the constitutional nature of personality rights.Deeper research shows that constitutional personality rights actually manifest the highest value of modern constitutions—human dignity.In contrast,the theoretical justification of personality rights in civil law just lies in the objectivity and defensive nature of personality elements.
基金a phased result of the general project of the National Social Science Fund of China“Research on the Boundary and System Construction of Criminal Liability of Internet Service Providers”(Project No.18BFX104)。
文摘There is a long-standing conflict between intellectual property rights and public freedom of information.The continuous development of the“anti-circumvention clause”has caused the conflict to intensify.As a basic human right,freedom of information is being gradually eroded by the expansion of intellectual property rights.The existing research mainly carries on the right balance from the negative protection path,but the positive protection path is more advantageous to realizing the public freedom of information and alleviates the conflict between the two kinds of rights.In practice,there are some problems in the application of the anti-circumvention clause,such as the legality of the aim,the division of the protected part,and the determination of the circumvention.This is mainly due to the lack of restrictions on technical measures,the failure to distinguish between“copyright protection”and“contact control”,and the offside and absence of administrative bodies in practice.We should protect public freedom of information by distinguishing the two measures of copyright protection and contact control and the two torts of access and use,increasing the restrictive conditions for the use of technical protection measures,and changing the functions of administrative supervision agencies.
文摘Traditional human rights theory tends to hold that human rights should be aimed at defending public authority and that the legal issue of human rights is a matter of public law.However,the development of human rights concepts and practices is not just confined to this.A textual search shows that the term“human rights”exists widely in China’s civil judicial documents.Among the 3,412 civil judicial documents we researched,the concept of“human rights”penetrates all kinds of disputes in lawsuits,ranging from property rights,contracts,labor,and torts to marital property,which is embedded in both the claims of the parties concerned and the reasoning of judges.Human rights have become the discourse and yardstick for understanding and evaluating social behavior.The widespread use of the term“human rights”in civil judicial documents reflects at least three concepts related to human rights:first,the rights to subsistence and development are the primary basic human rights;second,the judicial protection of human rights is a bottom-line guarantee;third,the protection of human rights aims to achieve equal rights.Today,judges quote the theory of human rights in judicial judgments from time to time,evidencing that human rights have a practical function in judicial adjudication activities,and in practice this is mainly manifested in declaring righteous values and strengthening arguments with the values and ideas related to human rights,using the provisions concerning human rights in the Constitution to interpret the constitutionality,and using the principles of human rights to interpret blurred rules and rank the importance of different rights.
基金a phased result of the Project“China’s Regulation on the Extraterritorial Human Rights Responsibilities of Transnational Corporations”undertaken by China Society for Human Rights Studies(Project No.CSHRS2020-25YB)。
文摘As China’s overseas investment and business operations continue to expand,the issue of human rights risks faced by Chinese transnational corporations abroad has attracted sustained attention from society.In recent years,China has enacted a series of laws,regulations,and policies to better regulate the overseas business conduct of transnational corporations,urging them to respect the human rights of the people in host countries and fulfill their social responsibilities to achieve sustainable development.Meanwhile,China has actively participated in the formulation of the Legally Binding Instrument on Activities of Transnational Corporations and Other Business Enterprises in International Human Rights Law,providing a Chinese solution to promote global governance of transnational corporations.However,in practice,the lack of institutional mechanisms,systems,and industry rules to supervise and guide transnational enterprises in fulfilling their human rights responsibilities,as well as the limited awareness of human rights risks among these enterprises,have resulted in ongoing human rights risks in their overseas business operations,particularly regarding labor rights and environmental rights.In response,China should take its national conditions into consideration and focus on the development trends of human rights issues in the business sector at the international level.Drawing on the experiences of other countries,China should explore and establish institutional and practical measures to regulate the human rights responsibilities of transnational enterprises through legislation,administration,and judiciary actions,in order to address the risks and challenges faced by Chinese enterprises in foreign investments and contribute to the sustainable development of the world and global human rights governance.
基金staged research result of the major project of the MOE Humanities and Social Sciences Project Base“Research on the Human Rights Value Connotation and Legal Guarantee in Xi Jinping’s Thought on Ecological Civilization”(Project Approval No.21JJD820007)+1 种基金the staged research result of the major project of the National Social Science Fund of China“Research on Establishing and Improving the Property Rights System for Natural Resource Assets”(Project Approval No.22ZDA109),aiming to study and interpret the spirit of the Sixth Plenary Session of the 19th CPC Central Committee。
文摘Environmental personality interests based on human rights reflect the multiple values of ecological order,ecological justice,and ecological freedom,and are closely linked to the protection of the right to life and the right to health.They are also related to human dignity and the personal freedom of civil subjects and conform to formal and essential standards of personality rights,which should be included in the scope of personality rights for protection.The construction and application of environmental personality rights faces bottlenecks such as the partiality of subjects,limitation of objects,and hysteresis of responsibilities in the protection of environmental personality rights.Environmental personality rights are supposed to reflect the needs of the development of modern human rights.We should expand the scope of its connotative power and function based on the Green Principle of the Civil Code,and follow a networked,typified,and systematic path of protection,so as to manifest the people-centered philosophy of the Civil Code and the Environmental Protection Law.
基金phased result of“Feasibility Demonstration of Basic Legislation on Artificial Intelligence”(Project No.2022K20263)a project of the Bureau of Law-based Cyberspace Governance at the Cyberspace Administration of China。
文摘Whether a new generation of human rights emerges in the digital age has sparked widespread debate.Academic understanding of digital technology remains confined to thinking about network technology and products,often overlooking the revolutionary nature of digital media.Digital media has the sweeping potential to unify all forms of media and reshape social life,giving rise to new demands for a new generation of human rights.The concept of digital human rights can be defined as the legitimate rights of human's infinitely extended personalities through digital media.Its core characteristic is its transcendency,where every person lives in a networked space that surpasses physical boundaries,nations,and individual personalities.Human rights are generally considered the foundation for basic constitutional rights,which,in turn,form the basis for legislative acts across various sectors.In recent years,China has enacted numerous laws in the digital domain to keep pace with the times,but due to the lack of guidance on digital human rights,these laws tend to be fragmented and disjointed.It is urgent to unify digital legislation at all levels on the basis of reshaping basic constitutional rights.Thus,it is essential to reshape the basic rights based on the concept and characteristics of digital human rights and streamline legislation at all levels under the unified guidance of basic rights.This can help establish a comprehensive digital human rights protection system that meets the demands of the modern era.
文摘On June 14-15,2023,the Forum on Global Human Rights Governance,jointly hosted by the State Council Information Office,the Ministry of Foreign Affairs,and the China International Development Cooperation Agency,was held in Beijing under the theme of“Equality,Cooperation and Development:The 30th Anniversary of the Vienna Declaration and Programme of Action and Global Human Rights Governance.”Participants conducted in-depth discussions and exchanges on topics such as“International Cooperation and Global Human Rights Governance,”“Global Development Initiative and the Realization of the Right to Development”,“Global Security Initiative and Human Rights Protection,”“UN Human Rights Mechanisms and Global Human Rights Governance,”and“Human Rights Protection in the Digital Age.”The event helped build international consensus and yielded fruitful achievements.
文摘The Chinese concept of human rights serves as the core value of China’s path of human rights development,guiding the comprehensive advancement of China’s human rights cause and providing Chinese wisdom for the development of human rights cause worldwide.Throughout the development process of China’s human rights cause in the new era,the international communication of the Chinese concept of human rights has achieved positive results and played an essential role in the international human rights discourse struggle,external exchanges on human rights,and the transformation of international human rights mechanisms.However,it also faces challenges such as the dominance of Western human rights concepts,the marginalization of the Chinese concept of human rights,the incomplete establishment of China’s external discourse system on human rights,and constraints on international communication channels.Therefore,in the new era,it is crucial to address the weaknesses in the international communication of the Chinese concept of human rights,optimize communication channels,and enhance its international influence.
