查看更多>>摘要：Centering on the systematic construction of human rights theories,Xi Jinping'discourses on respecting and protecting human rights creatively put forward a series of original theoretical viewpoints and academic propositions,profoundly revealing the basic connotation of a contemporary Chinese outlook on human rights and realizing all-around and deep-level innovation in the construction of a contemporary human rights theoretical system.In ontology,the four-in-one view of human rights of the political party,the govern-ment,society,and the people goes beyond the dichotomy between the political state and civil society.In element theory the substantive view of human rights surpasses the formalist view of human rights.In category theory,the view of human rights focusing on the right to sub-sistence and the right to development transcends the view of human rights based on the individual s right to freedom.In operation theory,the"development-based human rights path"goes beyond the"hu-man rights-based development path."In practice,the positive view of human rights based on the rule of law surpasses the negative view of human rights based on the rule of law.
查看更多>>摘要：The development of China's human rights path is driv-en by both external and internal factors,influenced by general prin-ciples of human rights worldwide while also following China's own endogenous logic.The concept of the"Two Integrations"reflects the continuous theoretical innovation of the Chinese Communist Party based on China's national conditions,significantly illustrating the en-dogenous logic of China's human rights path.Among these,the"basic principles of Marxism"occupy a"core"position within the endoge-nous logic of China's human rights path,and to some extent,embody an understanding of the inherent laws of human rights.Meanwhile,"China's specific realities"and"fine traditional Chinese culture"serve as the"living water sources"for the ongoing advancement of China's human rights.The"Two Integrations"represent an intrinsic requirement of historical materialism and practical materialism.The logical structure of"One Core,Two Sources"explains the endogenous nature of China's human rights path,offering both an interpretation of the driving forces behind China's human rights path and a defense of its rationality.
查看更多>>摘要：The concept of"basic rights and interests"in the re-cordation review system serves as a key to understanding the mixed use of review standards by the review authorities.The essence of the"basic rights and interests"concept is the value foundation estab-lished by the community for individuals,playing a legitimizing role in the actual operation of the state power system.Through the method of"triple abstraction,"the substantive construction of"basic rights and interests"can be achieved.Ensuring the"basic rights and interests"of citizens can effectively fulfill the functional purpose of the recorda-tion review system.The diverse human rights norms in China's legal system are the formal carriers of basic rights and interests,which can be categorized into four types:human rights norms in policies,human rights norms in the Constitution,human rights norms in departmental laws,and human rights norms in social and cultural consensus.By examining the interactive connections of these diverse human rights norms,citizens'"basic rights and interests"can be organized into such five categories as survival care,democratic participation,cul-tural education,well-being development,and ecological harmony.The protection of"basic rights and interests"depends on the review authorities'application of the"basic rights and interests"concept to conduct mixed reviews of relevant normative documents.The applica-tion method should be based on the principles of integration,effective-ness,entirety,and harmony.
查看更多>>摘要：For departmental legal norms concerning citizens'basic rights,when multiple interpretations are possible based on indi-vidual case circumstances,interpreters representing public authority need to apply the method of constitutional interpretation to screen out the interpretation conclusions that do not violate the Constitution.This means selecting interpretations at the constitutional level that do not overly restrict citizens'basic rights and understanding the specific connotations of legal norms with the principle of"not infringing on citizens'basic rights."The Constitution,as a framework order does not require interpreters to choose the most constitutionally aligned interpretation among various constitutional interpretations.If a legal norm does not have a constitutional interpretation conclusion in an individual case circumstance,it indicates that the application of that norm in the case is unconstitutional,and the interpreter should avoid applying the legal norm in that case.Regarding judgment standards,interpreters should apply the principle of proportionality to deter-mine whether each legal interpretation conclusion concerning basic rights-related legal norms complies with the Constitution.Out of respect for the legislature,the application of the sub-principles of pro-portionality should consider the boundaries of interpretative actions.
查看更多>>摘要：The fundamental right-based and human right-based nature of labor rights forms the subjective and objective theory of labor rights.The derived objective protection function and subjective realization function constitute the theoretical basis of the labor code system.The objective function of labor rights requires the labor code to provide corresponding institutional guarantees,while the subjective function demands that the code ensure the full realization of labor rights.The dual functions of labor rights are reflected in the structural framework and content logic of the labor code separately:on the one hand,labor rights can serve as the structural thread for narrating and systematically organizing the labor code,with the specific types of labor rights protection and functional systems jointly forming the framework of the code;on the other hand,the content arrangement of the labor code is guided by the value of realizing labor rights,explor-ing the pathways for the code's realization of labor rights in different situations.
查看更多>>摘要：With the rise of new business forms,the traditional industrial-era model of binding social insurance to labor relations is facing unprecedented challenges.In the context of these new busi-ness forms,whether the protection of workers'social insurance rights and interests can be"decoupled from labor relations"has become a hotly debated topic in academia,with"the ability to establish labor relations"emerging as a key variable influencing government depart-ments'policy choices on classified social insurance coverage.Based on this,the paper constructs a theoretical model of the correlation be-tween social insurance and labor relations to analyze cases concern-ing the protection of social insurance rights and interests of workers in new business forms.It examines the advantages and disadvantages of binding social insurance to labor relations and suggests promoting so-cial insurance policy innovation by transcending labor relations.The paper advocates abandoning the path dependency that starts with la-bor relations and clarifying the theoretical basis that workers'access to social insurance rights should be based on labor rather than em-ployment.To adapt to the profit model of new business forms,it pro-poses establishing a rule of"proportional responsibility for commis-sions,"where the social insurance contribution base is determined by the proportion and amount of corporate commissions.By reasonably setting rates,it will protect the healthy development of new business forms in a balanced manner.In this way,enterprises can share social insurance responsibilities according to unified rules without worrying about being classified as having a labor relationship,which helps fully protect workers'social insurance rights and interests and promotes fair competition and healthy development among enterprises.
查看更多>>摘要：The pervasive existence of subordination in the work-place endows workers'personality rights with a distinct specificity that differs from other civil subjects.The specificity of workers'per-sonality rights is primarily manifested in three aspects:the exercise of rights is restricted by the employer;personality rights infringements often accompany violations of workers'economic property rights;and the scope of rights is not limited to the duration of employment.To respond to the specificity arising in the labor domain,certain disputes concerning workers'personality rights should be handled through la-bor dispute resolution procedures.In individual cases,judicial author-ities should differentiate among protection levels based on the specific type of personality rights involved,with a focus on examining the rea-sons,methods,and extent of the employer's restrictive actions,thereby establishing a practical and reasonable review system.
查看更多>>摘要：In the era of big data,the dual risk-based damage associated with personal information leakage presents unique chal-lenges.The unrealistic nature of objective risk-based damage without benchmarks and the high threshold for determining subjective risk-based damage have become obstacles for information subjects seek-ing compensation.Traditional approaches to supporting risk-based damage are inadequate in the realm of personal information.The theoretical support and compensation mechanisms for dual risk-based damage to personal information need re-exploration.The information subject's control over the value of personal information assets based on the right to know forms the theoretical basis for objective risk-based damage.Additionally,the independence of mental suffering and the relaxation of the"serious"standard allow for a broader in-terpretation of subjective risk-based damage.In addressing claims by information subjects,first,courts need to assess and quantify the level of risk-based damage;second,legislation should introduce a statutory compensation system to define the range of personal information asset value,with a focus on the fault of personal information processors in civil liability;finally,establishing a special representative litigation mechanism can effectively address collective disputes over personal information infringement and alleviate the litigation burden on infor-mation subjects.
查看更多>>摘要：In the digital era,the free cross-border flow of data and the development of digital trade are complementary.Consequent-ly,as an inherent demand for data privacy,trade liberalization is closely linked to the right to data privacy,and data privacy protec-tion is increasingly becoming a trade issue.However,conflicting rule settings between the two create discrepancies and result in differing rule-making approaches.The concept of the right to data privacy pro-vides guidance and evaluative functions for the development of trade liberalization,facilitating the healthy development of digital trade.It is appropriate to treat the interaction between trade liberalization and data privacy protection in a rational way and to place them within independent systems at this stage.Data localization measures are an effective way to balance digital trade liberalization with the right to data privacy.As a data privacy protection measure,data localization has legitimacy within the trade law framework.Looking ahead,to achieve a harmonious advancement of digital trade liberalization and protection of the right to data privacy,all parties should uphold the premise of the national regulatory autonomy,and respect the data lo-calization measures adopted by countries based on their own national conditions and personal data protection considerations.
查看更多>>摘要：The development of the humanization of international law has driven innovations in consular law.Consular treaties tra-ditionally governing consular relations among states have begun to incorporate provisions for the protection of individual rights.Article 36(1)of the Vienna Convention on Consular Relations is seen as a"rights-empowering"clause,endowing consular notification with dual rights attributes and obligations and triggering consular assistance and protection mechanisms.Bilateral consular practices of states have also led to the customary implementation of mandatory notification duties,with consular notification evolving into a widespread state practice.Human rights documents,represented by the core United Nations human rights treaties,have gradually incorporated consular notification provisions,further reinforcing its procedural value in the human rights law implementation mechanism.In death penalty cases,international human rights bodies have promoted the human rights enhancement of"consular access"through consular notification,with specific recommendations and information-sharing mechanisms that will significantly advance the human rights enhancement process of consular notification.
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维普