查看更多>>摘要：Interpreting the Universal Declaration of Human Rights from political,juridical and philosophical perspectives is es-sential for promoting the guiding principles of the Declaration,build-ing consensus on human rights,and advancing human rights practice in the new historical context.To conduct an academic,systematic in-terpretation of the Declaration that conforms to the trends of the times and answers the fundamental questions of the world,it is necessary to find a new research paradigm.The common values of humanity,namely peace,development,equity,justice,democracy and freedom,put forward by Xi Jinping,general secretary of the Communist Party of China(CPC)Central Committee,provide the most explanatory and penetrating scientific paradigm for reaching the issue.This paper an-alyzes and reflects on the views,value foundation and principled(con-tractual)consensus of human rights in the Declaration,and narrates and foresees the far-reaching significance of the three global initia-tives(namely,the Global Development Initiative,the Global Security Initiative,and the Global Civilization Initiative)with the common val-ues of humanity as the soul in advancing the modernization of global human rights governance and building a new form of human rights civilization.
查看更多>>摘要：On March 14,2004,the Second Session of the 10th National People's Congress of China adopted the fourth amendment to the Chinese Constitution,the most noticeable highlight of which is the addition of the paragraph"the state respects and protects human rights"as the third clause in Article 33 of Chapter Ⅱ"Basic Rights and Obligations of Citizens"in the Constitution.The inclusion of the clause of human rights in the Constitution is considered an important milestone in the history of human rights development in the People's Republic of China.The implementation of the human rights clause not only showcases the values of the Party and the state in respecting and protecting human rights,but also promotes the development of human rights,shapes the culture of human rights,and endows the rule of law with a rich humanistic spirit.Over the past 20 years,the publicity,research and practice of the human rights clause have made the Chi-nese people realize that human rights are not only a"great term",but also a common value shared by mankind.Amid the once-in-a-century changes of the world,although the development of human rights is facing various challenges,the humanistic spirit contained in the hu-man rights clause has become the internal driving force for building consensus in the whole of society.Reinterpreting the significance and value of the human rights clause can help us conscientiously draw on the experience in the implementation of the clause over the past 20 years and contribute Chinese wisdom and experience to global human rights governance with a more open mind and inclusive attitude.
查看更多>>摘要：The inclusion of the human rights clause in the Chi-nese Constitution is a concern and expression of the spirit of the Con-stitution,which has laid the institutional regulations of the fundamen-tal law for the development of human rights in China,provided the principles and value norms of the highest level of effectiveness for the legal protection of human rights,and built a profound constitutional basis for the formation and improvement of the Chinese path of human rights development.The human rights clause is not only a summariza-tion and affirmation of the historical practice of Chinese human rights development under the leadership of the Communist Party of China,but also a new starting point for the development of human rights in China under the leadership of the Communist Party of China.It marks that the development of human rights in China has entered a new era.The Party and the state have finally embarked on a path of human rights development with Chinese characteristics by formulating and implementing the Human Rights Action Plan of China,eliminating ab-solute poverty through the national poverty alleviation campaign,and promoting human rights protection through the rule of law.
查看更多>>摘要：The inclusion of the human rights clause in the Chi-nese Constitution is the core normative manifestation of the constitu-tionalization of human rights,and points to the relationship between international law and the Constitution in the sense of positive law.The inclusion of the human rights clauses in the Chinese Constitution itself is an inherent part of the development of China's socialist constitution,and socialism has already contributed valuable concepts and practices of human rights protection to the modern world in its early stage.The constitutionalization of human rights protection does not necessarily lead to the superiority of international law over the constitutional order of a country,but rather to the convergence of international law and domestic law through the constitutional order.The relevant rules of international law will be effective only when they are transformed into domestic law through the Constitution and the human rights clause in the Constitution.Correspondingly,the domestic legal order is brought into line with the international legal order through the Con-stitution and its human rights clause.Behind the system of fundamen-tal rights in the constitutional order is the value foundation of the en-tire legal system.The advancement of foreign-related rule of law has brought new opportunities for China's judicial practice to further pro-mote the protection of human rights.In the future,we should further integrate the human rights values embedded in socialism into China's constitutional practice,enhance human rights protection around the country,and take a more active part in global human rights gover-nance.
查看更多>>摘要：The right to education is an important part of basic human rights.To transform from a designed vision to a reality in practice,teachers'right to discipline,as a component of the right to education,needs tangible support from the criminal law.The criminal law cannot be absent from promoting the rule of law in education.However,in practice,teachers'disciplinary behaviors are often ex-cessively criminalized,leading to problems such as over-expanding punishment and harming the innocent and even the malaise that en-danger substantive justice such as the tarnishing of teachers'disci-plinary right and the imbalance of teachers'disciplinary behaviors.Such overcriminalization has its social causes and normative crux,which is the ambiguity of regulations of teachers'disciplinary right in terms of the pre-existing law and the unclear positioning of the jus-tification of teachers'disciplinary behaviors in terms of the criminal law.Therefore,it is necessary to carry out a dual clarification of the chaotic parts of the two laws and determine the corresponding guiding principles,and test them one by one through the hierarchical theory of crime to make the path of exculpation clear.At the level of constituent elements,the exculpation is achieved through the normative judgment of the constituent elements;At the level of illegality,the exculpation is achieved by virtue of substantive considerations of reasons such as le-gal acts,legitimate defense,and victims'commitments;At the level of accountability,the exculpation is achieved through the value screening of the culpability paradigm.We should reverse the trend of overcrim-inalization of teachers'disciplinary behaviors by clearing the way of exculpation.
查看更多>>摘要：China's criminal norms of juvenile delinquency suffer problems such as outdated legislative models,a lack of special pro-visions on convictions,an extensive criminal punishment system,and an oversimplified rights recovery system.Therefore,it is necessary to find an appropriate path to improve and strengthen the protection of special,prior rights of minors,based on updating relevant concepts.From the perspective of the law of juvenile delinquency,the law of hu-man development reflects the decisiveness of juvenile delinquency,and the law of age-crime curve showcases the stages of juvenile delinquen-cy.In terms of the treatment of juveniles who have committed crimes,the approach to juvenile delinquency in criminal law should shift from"commutation for children at discretion"to"child-friendly"and from social defense to individual rehabilitation.Based on conceptual updat-ing,the criminal norms for juvenile delinquency should be improved in four aspects:first,establishing special rules to broaden the path of exculpation;second,promoting the leniency of sentencing by taking into account the perpetrator factor;third,introducing special types of punishment and methods of enforcement to strengthen preventive and educational punishments;fourth,building a multilevel rights recovery system to ensure the rehabilitation and development of juvenile offend-ers.
查看更多>>摘要：The pragmatist view of human rights represents a the-oretical condensation of the Chinese practice in human rights devel-opment.In view of the problem of circular idling between rights and claims caused by the traditional view of human rights of focusing on contents and not valuing implementation,social segmentation caused by empty talks on interests and claims while ignoring social develop-ment,and the phenomenon of the issue of human rights completely becoming empty and useless political rhetoric,the pragmatic view of human rights,based on the fact that there is a gap between the claims and realization of human rights,emphasizes that instead of blindly ex-panding the types of rights in term of text,it is better to base on prac-tice and promote the maximum realization of existing rights through development.The pragmatist view of human rights attaches impor-tance to relevant economic,social and cultural basis to promote the realization of human rights,rather than only focusing on the claims themselves;it pays greater attention to enhancing the realization of rights,rather than the distribution of rights under the total limit;it ad-vocates more for cooperativism in the realization of rights,rather than confrontation.The pragmatic concept of human rights takes Marxism as its theoretical basis and the gene of practice and the dimension of development as its theoretical characteristics,and promotes the devel-opment of human rights through the realization of rights.
查看更多>>摘要：Although the existing legal norms and judicial practic-es can provide basic guidance for the right to personal data portabili-ty,it can be concluded that there are obstacles to the realization of this right through empirical research of the privacy policies of 66 mobile apps,such as whether they have stipulations on the right to personal data portability,whether they are able to derive copies of personal in-formation automatically,whether there are textual examples,whether ID verification is required,whether the copied documents are encrypt-ed,and whether the scope of personal information involved is consis-tent.This gap in practice,on the one hand,reflects the misunderstand-ing of the right to personal data portability and on the other hand,is a result of the negative externalities,practical costs and technical lim-itations of the right to personal data portability.Based on rethinking the right to data portability we can somehow solve practical problems concerning the right to personal data portability through multiple measures such as promoting the fulfillment of this right by legislation,optimizing technology-oriented operations,refining response process mechanisms,and enhancing system interoperability.
查看更多>>摘要：In the criminological system,passive euthanasia is an act that meets the constitutive elements.We should discard the traditional view of distinguishing between acts and omissions,but use genuine consent or presumptive consent under the patient's right to self-determination as the basis for its justification.In general,the patient's genuine consent takes precedence,but in case of the unavail-ability of the patients genuine consent,his or her presumptive consent should be applied as a substitute.The judgment of presumptive con-sent should follow the subsequence,with the living will of the patient applied first and then the substitute decision-making.If the patient's personal will cannot be inferred after exhausting all available possi-bilities,the principle of prioritizing the interests of life should prevail,and the ongoing life-sustaining medical care should not be interrupted or terminated.
查看更多>>摘要：China and the Non-Aligned Movement share the same goals,a common code of conduct,and similar ideas in protecting the right to development,and the two have a solid foundation for cooper-ation.Both emphasize that the right to development is a basic human right,strive to elevate the right to development to a mainstream hu-man right,and jointly advocate placing the right to development at the center of the agenda.They work together to enhance the strategic sta-tus of the right to development.Both of them have participated in the formulation of the Declaration on the Right to Development,and col-laborated to improve the Declaration.They have also jointly proposed the resolution on the right to development,and supported the drafting of the Convention on the Right to Development to advance the codifi-cation of the right to development.Both of them uphold South-South cooperation and promote North-South dialogue and cooperation.They have established a support mechanism to promote international cooperation on the right to development in a coordinated manner.The cooperation between China and the Non-Aligned Movement in pro-tecting the right to development has broken the past Western-centered paradigm of human rights development,broadened the international perspective of the human rights cause,and played a crucial role in the formation of international human rights norms.In the future,oppor-tunities and challenges coexist for cooperation between the two sides,with promising prospects.China's cooperation with the Non-Aligned Movement in the protection of the right to development has accumulat-ed valuable and inspirational experiences for the human rights cause of developing countries and the building of the international human rights system.
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