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人权（英文版）
人权（英文版）

双月刊

1671-4016

010-64079686 64079685

100010

人权（英文版）/Journal The Journal of Human Rights
查看更多>>《人权》杂志由在联合国经社理事会享有咨商地位的中国人权研究会主办，是中国人权领域唯一公开出版发行的中央级刊物。杂志的宗旨是：探讨人权理论，普及人权知识，开展人权对话，促进中国人权的进步和国际人权的健康发展。
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    Systematic and Theoretical Unfolding of Research on Xi Jinping's Discourses on Respecting and Protecting Human Rights

    张新平周艺晨LI Rong
    255-286页
    查看更多>>摘要：Xi Jinping's discourses on respecting and protect-ing human rights stand as a shining example of the sinicization and modernization of Marxist human rights theory,embodying profound theoretical,political,practical,and cultural logic.Existing research has conducted comprehensive and systematic theoretical analysis and academic extractions on the following contents:the core essence in-herent in these important discourses,including the"theory of human rights concepts,"the"theory of human rights paths,"the"theory of human rights practices,"the"theory of human rights protection,"and the"theory of human rights governance,"along with their profound theoretical significance,practical significance,and global signifi-cance.In the future,researchers should emphasize efforts on studying the original texts and understanding the original principles.While focusing on the precision of concepts,the scientific nature of the prop-ositions,the maturity of theoretical systems,and the rigor of internal logic related to Xi Jinping s discourses on respecting and protecting human rights,researchers should also pay attention to constructing a discourse system on human rights from the dimensions of discourse power,discourse cluster,and discourse field.Researchers should be adept at drawing innovative insights into human rights theory from China's vibrant human rights practices and the vast masses of people.This approach will facilitate the systematic unfolding,academic trans-formation,and innovative development of Xi Jinping's discourses on respecting and protecting human rights.
      原文链接:
    • 万方数据

    The Historic Achievements of the Communist Party of China in Respecting and Protecting Human Rights in the New Era

    张燚ZHANG Lianying
    287-305页
    查看更多>>摘要：In the new era,the Communist Party of China(CPC)has made historic achievements in respecting and protecting human rights.Building upon the principle of the"two integrations"(integrat-ing the basic tenets of Marxism with China's specific realities and fine traditional culture),it has nurtured new theories on respecting and protecting human rights in the new era,which can address the funda-mental questions of whom and what the human rights protection ef-forts in the new era are for.Guided by the principle of"taking our own path,"it has charted a distinct course for the development of human rights,diverging from the Western approach.The CPC has maintained the unity between Party leadership and the respect for and protection of human rights,promoting progress in human rights through the pur-suit of"high-quality development,"and ensuring various fundamental rights of the people through the rule of law.Building upon the past experience,the CPC has established the"source"of the institutional framework for respecting and protecting human rights in the new era,crafted the"body"of this institutional framework,and introduced its practical"application."In promoting the comprehensive advancement of human righ ts protection,the CPC has facilitated the connotative development of human rights protection in China,empowering China in international human rights discourse,and contributing Chinese strength and wisdom to global human rights governance.
      原文链接:
    • 万方数据
    • 维普

    Advancement Towards Spatial Justice:The Barrier-Free Environment Construction from a Gender Perspective

    张万洪赵金曦NI Weisi
    306-324页
    查看更多>>摘要：Space is both a product and a producer of social rela-tions.In the spatial domain,gender blindness has long existed,limit-ing women's rights of access to and use of space,leading to structural oppression of women's rights,and giving rise to new gender inequal-ities.The barrier-free environment construction has the functions of eliminating physical barriers and generating societal norms,and when combined with social changes,can facilitate justice correction across multiple dimensions.However barrier-free environment construction itself as a means of justice correction,also suffers from gender blind-ness.There remains room for improvement in the areas of facility con-struction,information exchange,and social services within the realm of barrier-free environments.In response to this phenomenon,gender equality offers a new critical perspective.Therefore,integrating a gender perspective into the barrier-free environment construction,fo-cusing on the spatial rights of women,especially groups with multiple vulnerabilities,such as disabled women and elderly women,can con-tribute to the advancement towards spatial justice.
      原文链接:
    • 万方数据
    • 维普

    The Three Principles of Institutional Safeguards for Women's Participation in Legislation in China

    刘睿JIANG Yu
    325-346页
    查看更多>>摘要：The participation of women in legislation is an im-portant aspect and means of safeguarding women's rights.Feminist theory,based on criticism of both the"citizenship identity theory as rights"and the"citizenship identity theory as responsibilities,"proposes the"citizenship identity theory as subjectivity."Observing the current practice of women's participation in legislation in China,two institutional safeguard principles can be summarized:the"min-imum proportion"and the"influence evaluation."Howeven each of these principles has its inherent limitations.Therefore,it is necessary to supplement them with the principle of"subjective participation"in a reflective manner.This principle requires women to participate substantively in the legislative process as subjects,express women s needs and demands,input women s perspectives and experiences,and reconstruct the distribution of rights and responsibilities in the exist-ing legislation.The three principles complement each other and work together to comprehensively constitute the institutional structure of women's participation in legislation,thereby promoting the reproduc-tion of corresponding action structures.
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    Determination of Liability for Violation of"Sexual Autonomy"and Compensation for Mental Damages

    姚邢JIANG Lin
    347-372页
    查看更多>>摘要：At the legislative level in China,there has been insuffi-cient theoretical preparation to explicitly include"sexual autonomy"within the scope of general personality rights.In handling the increas-ing number of disputes related to violations of"sexual autonomy,"judicial biases have emerged during the trial process when courts determine the attribute of the right to"sexual autonomy."This situa-tion necessitates a clear legal analysis of the concept and attributes of"sexual autonomy"to establish its essential attribute as a personality right,and,from the perspective of legal doctrine,enable the justifica-tion of the right to"sexual autonomy"as either a general personal-ity right or other personality interests,thereby providing theoretical support for courts to"adjudicate according to law."By delineating and categorizing instances of violations of"sexual autonomy,"the constitutive elements and fundamental characteristics of such viola-tions can be clarified.By examining the legal norms governing civil litigation and civil litigation associated with criminal cases concern-ing violations of"sexual autonomy,"the responsibility determination,remedies,and existing regulatory loopholes regarding violations of"sexual autonomy,"especially in cases involving both criminal and civil matters,can be defined.Based on this foundation,the legal basis,determination mechanism,and compensation standards for claiming compensation for mental damages resulting from violations of"sexual autonomy"can be elucidated.
      原文链接:
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    The Intervention Path of Fundamental Rights under the Scope of International Private Law

    何叶华SHEN Jinjun
    373-392页
    查看更多>>摘要：In recent years,international private law scholars have argued for the radiating effect of fundamental rights on inter-national private law by introducing constitutional theory.However,there remains a lack of systematic research on how fundamental rights should be integrated into judicial practices concerning foreign-related civil and commercial cases.Throughout the development of interna-tional private law,public policy has served as a historical carrier of substantive values for judicial entities and has consistently played a crucial role in value review.In cases of international private law where conflicts arise with the values of fundamental rights,public policy indirectly excludes the legal choice outcomes to safeguard the human rights values inherent in fundamental rights from infringement.However,due to limitations imposed by the degree of connection and relative conditions,traditional paths of public policy have certain con-straints and cannot provide comprehensive protection for fundamental rights.Therefore,there is a need for judges to shift their logical para-digms,transcend bilateral choice-of-law models,and introduce a di-rect intervention path for fundamental rights.This direct intervention path utilizes the logical analysis framework of the protection scope,intervention,and justification of fundamental rights.It can effectively balance conflicting legal interests and maximize the protection of the fundamental rights of the parties involved.
      原文链接:
    • 万方数据
    • 维普

    Comparative Analysis and Legal Reflection on the Boundaries of Human Rights Due Diligence in the Supply Chain

    王惠茹CHEN Feng
    393-419页
    查看更多>>摘要：As global supply chains become increasingly lengthy and complex,human rights due diligence in the supply chain is be-coming a controversial focal point in the accountability of multina-tional corporations.In recent years,legislative practices in the field of human rights due diligence have shown a trend from voluntary soft law toward mandatory hard law,and from corporate due diligence for their own operations towards extended due diligence for the en-tire supply chain.However there is a divergence in national practic-es regarding the extent to which human rights due diligence should extend along the supply chain and the manner in which it should be incorporated into domestic legal policies.International soft law inter-pretations surrounding the boundaries of human rights due diligence in the supply chain are decentralized,posing risks of interpretation diversification,boundary blurring,and procedural formalization,as well as risks of misinterpretation and misuse.Meanwhile,some coun-tries and regions are vigorously promoting mandatory legislation on human rights due diligence in the supply chain,which has profound implications for the stability of global supply chains and the interna-tional economic and trade order.Against this backdrop,it is crucial to explore the reasonable boundaries of human rights due diligence in the supply chain.Instead of applying a one-size-fits-all approach,the rationality of legal factors and the complexity of practical factors should be considered,applying context-specific measures based on the varying degrees of linkage between companies and negative human rights impacts in the supply chain.China should be particularly wary of the"chilling effect"of mandatory legislation on human rights due diligence in the supply chain,attaching great importance to national supply chain security and international supply chain competitiveness.Additionally,China should actively promote the implementation of voluntary human rights due diligence under the United Nations frame-work,and accelerate the enhancement of China's discourse power in the international rule-making process in the fields of industry and commerce as well as human rights.
      原文链接:
    • 万方数据
    • 维普

    Understanding the Human Rights of Modern Individuals—Revisiting Habermas's Dual Critique and the Reconstruction of Inter subjectivity

    杨畅LI Donglini
    420-436页
    查看更多>>摘要：Human rights are not only pivotal in depicting the relationship between individuals and communities but also a focal point of political philosophical concerns oriented towards reality.The inseparability of human rights from individual self-identity reveals a contradiction between practicality and historicity in understanding individuals,as highlighted in the debate between liberalism and com-munitarianism.In order to reconcile this contradiction,Habermas,drawing from German classical philosophy,examines practicality and historicityseparately:while Fichte intertwines objectivity in self-iden-tity,revealing the practicality of individuals but neglecting their real elements,Hegel interprets self-identity under the concept of unity,examining individuals from a historical dimension but letting rational rules dominate reality.Ultimately,Habermas reconstructs the process of modern individual self-identity from the theory of communicative action by critiquing the shackles of subjective philosophy.He not only reconciles the divergence between practicality and historicity in self-identity,but also elucidates the inter subjective core inherent in human rights.
      原文链接:
    • 万方数据

    Seeking Solutions for the"Four Questions"of China's Human Rights—Theoretical Review and Prospects of China's Human Rights Research in 2023

    王理万PAN Yingzhao
    437-475页
    查看更多>>摘要：In 2023,China's human rights research is aimed at addressing"China's question,"the"worlds question,"the"people's question,"and the"question of the times."Resolving"China's ques-tion"on human rights seeks to establish the subjectivity of the Chinese path of human rights development.The ontological interpretation of the Chinese path of human rights development has elucidated the historical,theoretical,and practical logic of its formation,while the epistemological exploration has unfolded the subject presuppositions,theoretical compositions,and reference systems of the Chinese path of human rights.Addressing the"world's question"of human rights aims to answer how the world has changed in the field of human rights and what China should do in response.Faced with the severe challenges of global human rights governance,relevant studies have proposed"Chi-nese solutions"from the perspectives of overall strategy,historical experience,value guidance,and institutionalized participation,among others.Responding to the"people's question"regarding human rights means continuously meeting the growing demands of the people for a better life.Relevant studies focus on explaining the relationship be-tween fundamental human rights and maximum human rights,the re-lationship between inclusive human rights and specific group interests,and the relationship between constitutional and legal guarantees of human rights.Seeking answers to the"question of the times"concern-ing human rights involves adapting to the changing times and meeting the needs of the times on human rights.Relevant research focuses on new demands in the field of human rights,particularly discussing digital human rights,environmental human rights,climate and human rights,as well as business and human rights.With profound past ex-periences and loftyfuture expectations,China's human rights research should focus on enhancing its systematic and theoretical levels,accel-erating the construction of a disciplinary system,an academic system,and a discourse system for China's human rights.
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    Pioneering a New Realm of Human Rights Civilization in the Chinese Path to Modernization—An Overview of the Symposium on"The Chinese Path to Modernization and the Promotion of Free and Comprehensive Human Development"

    王新怡黄安杰QIAN chuijun
    476-481页
    查看更多>>摘要：On October 14,2023,a symposium themed"The Chi-nese Path to Modernization and the Promotion of Free and Compre-hensive Human Development"was held in Changchun,Jilin Province,China.More than fifty experts,scholars,and researchers from nation-al institutions and universities engaged in discussions and exchanges on human rights on the Chinese path to modernization,including the path,practice,knowledge systems,and civilization forms of human rights.This symposium played a significant role in advancing the con-struction of the disciplinary system,academic system,and discourse system of human rights in China.
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    • 万方数据