查看更多>>摘要：The growing significance of security issues has ex-panded the necessity and possibility of recognizing and achieving the goal of security from the perspective of human rights.Combined with socio-cultural and historical dynamics,human rights can be construed as the needs of people to which social authorities should and can respond,and their mechanism depends on"the alignment between people's intrinsic needs and the social resources available."Security,as a significant part of peoples intrinsic needs,should be supported by social resources;social authorities at all levels have the duty and potential to support people's security needs.Thus,security has the so-cio-cultural basis to be considered as a branch of human rights.Once the human rights attribution of security has been established,further consideration is required for its place in the human rights spectrum.When analyzing the existing set of human rights,we can classify them based on the subject,the object,or the goal.The right to security is more appropriately classified within the dimension of goals,thereby being placed alongside the right to subsistence and the right to devel-opment.Integrating security into human rights can resolve the rela-tionship between the right to security and other human rights using the theoretical framework of rights conflict,rights hierarchy,and rights system ranking,thereby avoiding the tendency to curb the security needs of countries and individuals by ideologizing human rights.
查看更多>>摘要：The Western liberal view of global governance can no longer effectively address the challenges facing the world today or respond to the demands of developing countries in the fields of human rights and development.Meanwhile,the United Nations human rights and development agenda also has its limitations.Against such a back-drop,China's path of human rights development has avoided the trap of human rights confrontation and the clash of civilizations.It has set an example of complementarity and positive interaction between hu-man rights and development by unifying collective human rights with individual human rights and integrating the universality and particu-larity of human rights.Xi Jinping,general secretary of the Communist Party of China(CPC)Central Committee,delivered a speech at the 37th group study session of the Political Bureau of the CPC Central Committee on China's Path of Human Rights Development.This el-evated China's human rights development to a new historical height.Practice has proved that China s concept and path of human rights in the new era have not only effectively promoted the development of its human rights cause,but also contributed Chinese wisdom to the glob-al cause of human rights and development with a larger concept of human rights.Under the framework of the concept of building a com-munity with a shared future for mankind,the Belt and Road Initiative,and the Global Development Initiative,China has contributed to en-hancing the discourse power of developing countries in human rights and building a fairer,more just,more reasonable and more inclusive system for global human rights governance.
查看更多>>摘要：As the frontier of intelligent computing technology,affective computing has been used in border inspection,case inves-tigation,crime assessment,public opinion management,traffic man-agement and other scenarios of public governance.However,there are still public risks associated with its failure to meet the basic re-quirements of modern public governance,and these risks are rooted in its technical characteristics.The technical characteristics of turning emotions into signals can give rise to such problems as degrading the right to informed consent,de-governance,and undermining human dignity when applied in public governance,and consequently can lead to social rights anxiety.Additionally,the affective modeling charac-teristics of affective computing tend to incur the rights risks of insuffi-cient algorithm accuracy,algorithmic discrimination,and algorithmic black boxes.To avoid these risks,it is necessary to adopt the dynamic consent model as the premise for applying affective computing in pub-lic governance,and to regulate the auxiliary application of affective computing in public governance in a hierarchical manner,to achieve a balance between the application of affective computing technologv and the protection of citizens'rights and the maintenance of public ethics.
查看更多>>摘要：The three core issues in the"digital human rights"debate are whether"digital human rights"are possible,necessary,and feasible.Both sides of the debate focus on discovering the value of"digital human rights"to individuals from a semantic level,but ignore the significance of"digital human rights"to the whole society and its subsystems at the level of social structure.By introducing Niklas Luh-mann's System Theory this observation blind spot can be eliminated.Fundamental rights are devoted to directly shaping not a physiolog-ical-psychological"individual"as a social environment but a social"person"that can be included by social systems.It is clear that digital human rights are the right to participate in digital communication of a"human"as a"person",so they are possible in terms of conceptual definition.Digital human rights can help"people"lower the threshold for participation in digital communication,limit the excessive expan-sion of social systems,and promote the free and complete expression of body and mind,so they are necessary for social functions.There are limitations in the existing two ideas of"incorporating digital human rights into the constitution".Based on the new construction idea of System Theory of Law,digital human rights as the right to participate in digital communication can be typified into digital communication in social sub-fields such as politics,economy,science,and art.The right to participate constructs a complete digital human rights system,mak-ing it feasible on the basis of the constitution.
查看更多>>摘要：Online criminal litigation transcends the constraints of physical time and space and changes the logic and path of trial hearings for some criminal cases with the help of technology.How-ever the leapfrog shift from the"physical field"to the"virtual field"has brought great challenges to the effective exercise of the defen-dant'right to defense.Online criminal justice further highlights the imbalance in the relationship between prosecution and defense in the context of smart justice,and proposes a new topic for protecting the human rights of the prosecuted.The introduction of online criminal litigation in judicial practice is intended to achieve justice in a faster and more convenient way.However,the dissipation of the ritualized remote hearings tends to undermine the effectiveness of the defense and impair the defense's ability to cross-examine evidence,while the technically advantageous public authorities can aggravate the barrier to the defense's meeting and reading the case file.The root cause is that technological power instrumentalism overemphasizes pragmatism and the pursuit of truth under the position of authority,thus diluting humanistic care for the subject of litigation.In order to resolve the problem with the quality and effectiveness of the right to defense in remote hearings,it is necessary to transform online criminal litigation from a"practical technical tool"to a"convenient auxiliary method,"and appropriately weigh the limits of pursuing truth against human rights protection in special scenarios.Meanwhile,it is also feasible to provide technical care for the defense and strengthen its ability to cross-examine evidence.Moreover,a covert communication plat-form should be furnished for the defender's online meeting to actively strengthen the protection of the defendant's right to defense.
查看更多>>摘要：With the development of information technology,the online retrieval of remote electronic data has become an important method for investigative agencies to collect evidence.In the current normative documents,the online retrieval of electronic data is po-sitioned as a new type of arbitrary investigative measure.However,study of its actual operation has found that the online retrieval of electronic data does not fully comply with the characteristics of arbi-trary investigative measures.The root cause is its inaccurately defined nature due to analogy errors,an emphasis on the authenticity of elec-tronic data at the cost of rights protection,insufficient effectiveness of normative documents to break through the boundaries of law,and superficial inconsistency found in the mechanical comparison with the nature of existing investigative measures causes.The nature of elec-tronic data retrieved online should be defined according to different circumstances.The retrieval of electronic data disclosed on the Inter-net is an arbitrary investigative measure,and following procedural specifications should be sufficient.When investigators conceal their true identities and enter the cyberspace of the suspected crime through a registered account to extract dynamic electronic data for criminal activities,it is essentially a covert investigation in cyberspace,and they should follow the normative requirements for covert investiga-tions.The retrieval of dynamic electronic data from private spaces is a technical investigative measure and should be implemented in accordance with the technical investigative procedures.Retrieval of remote"non-public electronic data involving privacy"is a mandatory investigative measure,and is essentially a search in the virtual space.Therefore,procedural specifications should be set in accordance with the standards of searching.
查看更多>>摘要：Domestic violence is a serious threat to the basic hu-man rights of family members,especially victimized women.In order to effectively prevent domestic violence,the criminal law needs to re-spond in an appropriate and timely manner.However the traditional criminal governance model suffers from the problem of the lagging involvement of public power.At the same time,the public-private partnership governance model,based on the personal safety protec-tion order system stipulated in the Anti-domestic Violence Law of the People'Republic of China,is also flawed in its institutional design and specific implementation.The criminal governance model for do-mestic violence should be guided by the view of positive criminal law,and the governance path should be furtheroptimized from two aspects:strengthening the foundation of the public-private cooperation gover-nance model and deepeningthe criminal-civil interface.This will help to fully protect the legitimate rights and interests of victims of domes-tic violence.
查看更多>>摘要：Inclusive education is the mainstream of developing education for persons with disabilities worldwide.It advocates the recognition and protection of the right of persons with disabilities to receive inclusive education in mainstream schools.From the perspec-tive of inclusive education,the educational assistance system for per-sons with disabilities represents a theoretical innovation in traditional educational support methods,playing a crucial role in integrating persons with disabilities into society,reversing their disadvantaged status,and maintaining educational equity.At present,China s legal system for inclusive education assistance for persons with disabili-ties needs improvement,and faces several obstacles,including con-ceptual"limited capacity","monotonous"subjects,"crowding-out"obstacles and supervision"absence"obstacles.It is urgent to begin with the transformation of the rule of law concept,clarify the legal positioning of multiple responsibility subjects,achieve mutual rein-forcement of education law and education aid legislation,establish a supervision system for inclusive education assistance,and improve the legal framework for educational assistance for persons with disabil-ities.This will ensure that persons with disabilities can successfully realize their right to education,share in the benefits of social develop-ment,and ultimately contribute to achieving common prosperity.
查看更多>>摘要：Contemporary liberal theory on moral rights argues that moral rights associated with personal liberty constitute a strong constraint on the boundaries of state power.Therefore,the core issue of the penalty justification is not the purpose of the penalty,but the reason for the penalty to refrain from infringing on the moral rights of individuals.In order to justify the penal system,scholars have ex-plored solutions such as limiting the content of rights,waiving rights,and finally rights forfeiture.However,the concept of rights forfeiture cannot be reasonably integrated into the framework of the liberal the-ory of moral rights.The failure of these attempts stems from the patch-work understanding of rights presupposed by the liberal theory of moral rights.There is another systematic way of understanding rights that offers a better justification.Individual rights are not an indepen-dent non-derivative moral justification,and both individual rights and the penal power of the state are only part of a specific(realistic or ideal)system of rules that collectively serve certain values.The real question of penalty justification is not why the punishment does not infringe on the moral rights of individuals,but whether the overall institutional arrangements,including the penal system,are justifiable for all citizens,including the punished.
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