According to the viewpoints of predecessors, we define the signification of development right of agricultural land and connotation of the price of development right of agricultural land as follows: the development rig...According to the viewpoints of predecessors, we define the signification of development right of agricultural land and connotation of the price of development right of agricultural land as follows: the development right of agricultural land is to change the former use nature of agricultural land, so as to become the right of construction use land; the price of development right of agricultural land refers to the price that is difference between the price of construction use land, and summation of the price of former agricultural land, the expense of developing agricultural land, the expense of management, and profit, after the agricultural land is transformed into non-agricultural construction use land. By using the principle of economics of land, this paper expounds the generation mechanism of the price of development right of agricultural land, namely the diversity of agricultural land use and the change of demand and supply of development right of agricultural land. The influencing factors of the development right of agricultural land are analyzed, and there are mainly the price of agricultural land, the price of construction use land, the contradiction of demand and supply of urban land, land use, and agricultural land.展开更多
The power and interest of industrial manufacturers are determined by their status in the relations of production.At the international level,countries see their economic and political status rise only when they climb t...The power and interest of industrial manufacturers are determined by their status in the relations of production.At the international level,countries see their economic and political status rise only when they climb the ladder in the international division of labor.As the primary production forces,science and technology are the main drivers behind such change.As new technologies give rise to new industries and restructure the international division of labor,developed countries strive to enhance the protection of their intellectual property rights(IPR)and safeguard their monopoly over core technologies.For developed countries,technological prowess holds the key to their supremacy in the global supply chain and international relations.The 19 th CPC National Congress makes clear the overarching goal in the new era is to rejuvenate the Chinese nation and turn China into a strong modern country.As an important material condition for achieving this goal,China must transition from being medium-and low-end links in the international division of labor to becoming high-end links.In this process,China will encounter backlash from developed countries that lead in the international division of labor.The recent China-US tussle over trade in high-tech goods is a case in point,and should be viewed through the lens of the relations of production and the international division of labor.The insights thus achieved will be of great significance to China’s future development.展开更多
The digital development rights in developing countries are based on establishing a new international economic order and ensuring equal participation in the digital globalization process to achieve people's well-ro...The digital development rights in developing countries are based on establishing a new international economic order and ensuring equal participation in the digital globalization process to achieve people's well-rounded development in the digital society.The relationship between cross-border data flows and the realization of digital development rights in developing countries is quite complex.Currently,developing countries seek to safeguard their existing digital interests through unilateral regulation to protect data sovereignty and multilateral regulation for cross-border data cooperation.However,developing countries still have to face internal conflicts between national digital development rights and individual and corporate digital development rights during the process of realizing digital development rights.They also encounter external contradictions such as developed countries interfering with developing countries'data sovereignty,developed countries squeezing the policy space of developing countries through dominant rules,and developing countries having conflicts between domestic and international rules.This article argues that balancing openness and security on digital trade platforms is the optimal solution for developing countries to realize their digital development rights.The establishment of WTO digital trade rules should inherently reflect the fundamental demands of developing countries in cross-border data flows.At the same time,given China's dual role as a digital powerhouse and a developing country,it should actively promote the realization of digital development rights in developing countries.展开更多
The development of any country or society requires a cultural context. A cultural narrative influence the process of development by shaping people’s views and actions, and thus policy. This paper first discusses the ...The development of any country or society requires a cultural context. A cultural narrative influence the process of development by shaping people’s views and actions, and thus policy. This paper first discusses the importance of cultural narratives, and then analyzes the different cultural narratives on poverty reduction, development, right to development, and South-South Cooperation. It illustrates how cultural narratives significantly influence social justice development and reforms.展开更多
China＇ s state planned land use system, including regulations such as setting planned quotas for land use, basic cropland preservation, and pursuing a balance between the conversion of arable land into non-agricultur...China＇ s state planned land use system, including regulations such as setting planned quotas for land use, basic cropland preservation, and pursuing a balance between the conversion of arable land into non-agricultural use and the supplement of new agricultural land, has substantially constrained the economic growth of industrial provinces in China. This article explores the innovative reforms adopted by Zhejiang Province through land development rights （LDR） transfer within a locality and LDR trading across localities. We argue that there is a ＂Zhejiang model of LDR transferring and trading,＂ which, we believe, has significant implications not only for fostering an efficiency-enhancing market for land development rights and agricultural land preservation, but also for optimal use of land and a more balanced regional development. One important policy issue relating to China＇s rural land system is that under China＇ s land requisition system, farmers are usually under compensated for urban land-taking.展开更多
The 2030 Agenda for Sustainable Development provides a core framework and platform for global development,mainly characterized by the incorporation of human rights protection responsibilities and explicit acknowledgme...The 2030 Agenda for Sustainable Development provides a core framework and platform for global development,mainly characterized by the incorporation of human rights protection responsibilities and explicit acknowledgment of the shared role of development and human rights in safeguarding human dignity and well-being.Human rights responsibilities require states to prioritize human development within their development agenda,achieve human rights through development,and adhere to human rights principles and standards.Integrating human rights responsibilities into the development agenda not only makes development more comprehensive but also provides legal constraints and monitoring mechanisms for the implementation of development goals.The 2030 Agenda for Sustainable Development redefines the relationship between development and human rights and is thus closely aligned with China’s practice of advancing sustainable development and human rights protection simultaneously.Guided by the people-centered development philosophy and new development philosophy,China has accomplished the historic tasks of the fight against poverty and the building of a moderately prosperous society in all respects,while significantly enhancing human rights protection.These achievements have provided a unique country-specific experience of“promoting human rights through development”for the implementation of sustainable development goals.展开更多
The right to digital development,rooted in the fundamental right to development,emerges in response to the transformations of our era and serves as a catalyst for Chinese modernization.Building upon the traditional ri...The right to digital development,rooted in the fundamental right to development,emerges in response to the transformations of our era and serves as a catalyst for Chinese modernization.Building upon the traditional right to development,the right to digital development aims to meet the people’s aspirations for a better life in the context of digital development.By integrating a technological perspective,this concept advances the theoretical evolution of the right to development in line with contemporary realities.In terms of generation logic,the right to digital development is grounded in policies supporting Chinese modernization,guided by the development of new quality productive forces,and oriented toward addressing the people’s aspirations for a better life and society’s sustainable digital transformation.Ultimately,this framework constructs a normative structure encompassing the right to digital development opportunity,the right to digital development condition,and the right to digital development realization as a cohesive whole.From a value-oriented perspective,the right to digital development adheres to a people-centered philosophy of development,grounded in practical considerations.It addresses the digital divide as a focal point,gradually mitigating digital exclusion and circumventing digital malpractices,thereby fostering digital sharing.Integrating the right to digital development into the conceptual framework of the right to development can complete the institutional construction of digital development through the theoretical architecture of“condition-opportunity-realization.”This integration helps to better safeguard people’s rights and interests in digital development and promotes the free and comprehensive development of individuals.展开更多
The functionalist reasoning of institutional changes builds on individual rationality and explains institutional changes from the demand side. While insightful, a comprehensive understanding also needs to take into ac...The functionalist reasoning of institutional changes builds on individual rationality and explains institutional changes from the demand side. While insightful, a comprehensive understanding also needs to take into account the supply side, The state, as the ultimate supplier of institutional changes, plays the pivotal role of agency; therefore, its willingness and ability decide how such regime change occurs and what partieular form the new regime takes. Since the mid-1990s, the Chinese economy has embarked on a path of rapid industrialization and urbanization. The contestation over rural land development rights in China offers an excellent case to illuminate the importance of state agency in institutional changes. Drawing on case studies in China＇s three major urbanizing regions, this article analyzes how villages brought their own land directly to the land market and reaped handsome profits. We argue that the three successful cases, Nanhai in Guangdong, Kunshan in Jiangsu and Zhenggezhuang in Beijing, all represent a product of active agency on the supply side. The Chinese state＇s fragmented authority provides a favorable institutional environment for such changes.展开更多
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.Mea...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 backdrop,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 human rights and development by unifying collective human rights with individual human rights and integrating the universality and particularity 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 elevated 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 global cause of human rights and development with a larger concept of human rights.Under the framework of the concept of building a community with a shared future for mankind,the Belt and Road Initiative,and the Global Development Initiative,China has contributed to enhancing 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.展开更多
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 develop...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.展开更多
This study discusses the basic guarantee of the Charter of the United Nations to realize the right to development from the angle of Transforming Our World: the 2030 Agenda for Sustainable Development. The concepts reg...This study discusses the basic guarantee of the Charter of the United Nations to realize the right to development from the angle of Transforming Our World: the 2030 Agenda for Sustainable Development. The concepts regarding the people as the focal point, the dignity, the worth of the human being, as well as larger aspects of freedom, and other basic concepts within the Charter of the United Nations, guide the right direction of action for the realization of the right to development. The purpose and principles of the United Nations establishment in the Charter constitute the basic legal protection of the right to development. Values of peace, international dialogue, and international cooperation show the right path to the realization of the right to development.展开更多
The right to development and the right to the environment are both third generation rights, closely related to human development and world peace. For developing countries, there is a de facto conflict between the righ...The right to development and the right to the environment are both third generation rights, closely related to human development and world peace. For developing countries, there is a de facto conflict between the right to development and the right to the environment, which leads to serious consequences. To coordinate development and the environment, developing countries should shift their pattern of development, take the path of sustainable development and realize environmental protection and ecological balance while promoting economic growth.展开更多
On the occasion of the 30thanniversary of the adoption of the United Nations’ Declaration on the Right to Development,representatives from various countries have gathered in Beijing to attend the "Sharing the De...On the occasion of the 30thanniversary of the adoption of the United Nations’ Declaration on the Right to Development,representatives from various countries have gathered in Beijing to attend the "Sharing the Development:Create More Benefits展开更多
The Third Plenary Session of the 16th Central Committee of the Communist Party of China （CPC） in October 2003 put forward a scientific approach of people-centered, all-round, coordinated and sustainable development ...The Third Plenary Session of the 16th Central Committee of the Communist Party of China （CPC） in October 2003 put forward a scientific approach of people-centered, all-round, coordinated and sustainable development and made it a strategy for governing the country, putting it in command of all economic and social development. Since reform and opening up in 1978, China has persisted in the central task of economic development and put development in the first place. The evolution of the concept ＂development is the hard truth＂ to ＂development is a task of first importance in governing the country and invigorating the Chinese nation＂ and to the establishment of the scientific development approach reflects the deepening and growing command of the laws governing China＇s economic and social development.展开更多
The Belt and Road Initiative makes an important contribution to the right to development in theory and practice in the current world. Since the reform and opening-up, the Chinese government puts the rights to subsiste...The Belt and Road Initiative makes an important contribution to the right to development in theory and practice in the current world. Since the reform and opening-up, the Chinese government puts the rights to subsistence and development before any other human rights, which effectively guarantees and accelerates a rapid economic development in China. Nowadays, countries along the Belt and Road have joined a "community of common destiny". Inside the "community of common destiny," countries have enjoyed not only the responsibility, rights and benefit of the right to development, but also a win-win cooperation that ensured the right to development. Therefore, the Belt and Road initiative enriches the UN Declaration on the Right to Development, and "community of common destiny" of countries becomes a higher form of the right to development.展开更多
Having proper sanitation and hygiene, access to affordable health care and enough food on the table are the basic conditions for a dignified life. This link between human dignity and the right to development was made ...Having proper sanitation and hygiene, access to affordable health care and enough food on the table are the basic conditions for a dignified life. This link between human dignity and the right to development was made very persuasively already in the White Paper on human rights, issued by the State Council of P.R.C. in 1991. The Declaration on the right to development can be considered the first successful joint action undertaken by Southern states in the area of human rights. The Declaration was based on Southern scholarship, such as the pioneering research conducted by the Senegalese jurist Kéba M’baye. And its adoption was the result of joint stage management performed by diplomats from different continents. Therefore the Declaration serves as a source of inspiration for the work of drafting a Comprehensive Southern Vision on human rights. The Vision document will lay out a common Southern outlook on human rights issues as an elaboration of the Universal Declaration.展开更多
Near 30 years after the adoption of the 1986 UN Declaration on the Right to Development, understanding of this Right still differs from one political group to another. The South stresses issues such as inequalities in...Near 30 years after the adoption of the 1986 UN Declaration on the Right to Development, understanding of this Right still differs from one political group to another. The South stresses issues such as inequalities in the international financial system, greater participation of developing countries in global decision-making on economic policy, and promoting a fairer trade regime. The North persists on apt domestic conditions in developing countries such as rule of law, good governance, democracy and responsible economic management. And while the NonAligned Movement calls for an international legal standard of a binding nature, the European Union is opposed to such an upgrade of the Declaration. In fact, drafting a Framework Convention on the Right to Development seems to be the best option for accommodating the concerns of the different political groups, as it allows for a step-by-step approach. A framework convention is a treaty under international law: such a treaty is open to States, and once it has entered into force, it is binding on States that have expressed consent. The potential added value of a Framework Convention on the Right to Development is to balance the current human rights regime with a treaty that goes beyond individual State responsibility and takes inspiration from principles derived from international development efforts, such as mutual accountability, alignment of policies among partner countries, and inclusive partnerships.展开更多
Assisting minority areas to realize the right to development is an important part of Chinese government’s goals of protecting human rights and building a prosperous society. To assist minority areas to realize the ri...Assisting minority areas to realize the right to development is an important part of Chinese government’s goals of protecting human rights and building a prosperous society. To assist minority areas to realize the right to development, China’s Constitution, laws, administrative regulations and policy documents define the State’s constitutional obligations. There also exists a legal and policy support system to help the minority areas to achieve economic and social development through measures such as transfer payments, assistance to Tibet and Xinjiang and counterpart support for poverty alleviation. However, China is also faced with the difficult challenges of poverty reduction, development, unbalanced regional development and other issues in assisting ethnic minority groups to realize the right to development.展开更多
One of the most proclaimed weaknesses of the international human rights system is the so-called implementation gap. It occurs in various forms and shapes and surfaces in numerous conventions, declarations, norms, guid...One of the most proclaimed weaknesses of the international human rights system is the so-called implementation gap. It occurs in various forms and shapes and surfaces in numerous conventions, declarations, norms, guidelines, protocols, and myriad other instruments containing international human rights obligations or commitments. Under international human rights law, a logical response to identified gaps would be to strengthen the obligation side of a standard and to raise its legal standing and enforceability. Yet, as this notorious gap affects legal standards of varying degrees of legal force, this response might not be the only or even the preferred one to reach the goal, namely, to close this gap. For human beings, whose rights are infringed through failure to protect, respect or fulfill, addressing the implementation gap is not always a legal question. What matters more than technical compliance with legal standards are practical measures that deliver results. In order to deliver results in an international context, therefore, it is necessary to work from a common starting point towards common goals with a common understanding of the key concepts. Focusing on the right to development and anchored on the human dimensions to development, this paper contends that it is paramount to reconceptualize the politically difficult processes of finding consensus around the legal form and content of the right. Otherwise, isolated efforts to implement it without a solid legal foundation will remain unsustainable.展开更多
文摘According to the viewpoints of predecessors, we define the signification of development right of agricultural land and connotation of the price of development right of agricultural land as follows: the development right of agricultural land is to change the former use nature of agricultural land, so as to become the right of construction use land; the price of development right of agricultural land refers to the price that is difference between the price of construction use land, and summation of the price of former agricultural land, the expense of developing agricultural land, the expense of management, and profit, after the agricultural land is transformed into non-agricultural construction use land. By using the principle of economics of land, this paper expounds the generation mechanism of the price of development right of agricultural land, namely the diversity of agricultural land use and the change of demand and supply of development right of agricultural land. The influencing factors of the development right of agricultural land are analyzed, and there are mainly the price of agricultural land, the price of construction use land, the contradiction of demand and supply of urban land, land use, and agricultural land.
文摘The power and interest of industrial manufacturers are determined by their status in the relations of production.At the international level,countries see their economic and political status rise only when they climb the ladder in the international division of labor.As the primary production forces,science and technology are the main drivers behind such change.As new technologies give rise to new industries and restructure the international division of labor,developed countries strive to enhance the protection of their intellectual property rights(IPR)and safeguard their monopoly over core technologies.For developed countries,technological prowess holds the key to their supremacy in the global supply chain and international relations.The 19 th CPC National Congress makes clear the overarching goal in the new era is to rejuvenate the Chinese nation and turn China into a strong modern country.As an important material condition for achieving this goal,China must transition from being medium-and low-end links in the international division of labor to becoming high-end links.In this process,China will encounter backlash from developed countries that lead in the international division of labor.The recent China-US tussle over trade in high-tech goods is a case in point,and should be viewed through the lens of the relations of production and the international division of labor.The insights thus achieved will be of great significance to China’s future development.
基金a preliminary result of the Chinese Government Scholarship High-level Graduate Program sponsored by China Scholarship Council(Program No.CSC202206310052)。
文摘The digital development rights in developing countries are based on establishing a new international economic order and ensuring equal participation in the digital globalization process to achieve people's well-rounded development in the digital society.The relationship between cross-border data flows and the realization of digital development rights in developing countries is quite complex.Currently,developing countries seek to safeguard their existing digital interests through unilateral regulation to protect data sovereignty and multilateral regulation for cross-border data cooperation.However,developing countries still have to face internal conflicts between national digital development rights and individual and corporate digital development rights during the process of realizing digital development rights.They also encounter external contradictions such as developed countries interfering with developing countries'data sovereignty,developed countries squeezing the policy space of developing countries through dominant rules,and developing countries having conflicts between domestic and international rules.This article argues that balancing openness and security on digital trade platforms is the optimal solution for developing countries to realize their digital development rights.The establishment of WTO digital trade rules should inherently reflect the fundamental demands of developing countries in cross-border data flows.At the same time,given China's dual role as a digital powerhouse and a developing country,it should actively promote the realization of digital development rights in developing countries.
文摘The development of any country or society requires a cultural context. A cultural narrative influence the process of development by shaping people’s views and actions, and thus policy. This paper first discusses the importance of cultural narratives, and then analyzes the different cultural narratives on poverty reduction, development, right to development, and South-South Cooperation. It illustrates how cultural narratives significantly influence social justice development and reforms.
基金the China National Science Foundation (70633002)the Chinese Ministry of Science+3 种基金Technology Key Technologies R&D Program (2006 BAJI1B06)the Chinese Academy of Science Innovation project (KSCX2-YW-N-039)the Lincoln Institute of LPolicy for generous financial support
文摘China＇ s state planned land use system, including regulations such as setting planned quotas for land use, basic cropland preservation, and pursuing a balance between the conversion of arable land into non-agricultural use and the supplement of new agricultural land, has substantially constrained the economic growth of industrial provinces in China. This article explores the innovative reforms adopted by Zhejiang Province through land development rights （LDR） transfer within a locality and LDR trading across localities. We argue that there is a ＂Zhejiang model of LDR transferring and trading,＂ which, we believe, has significant implications not only for fostering an efficiency-enhancing market for land development rights and agricultural land preservation, but also for optimal use of land and a more balanced regional development. One important policy issue relating to China＇s rural land system is that under China＇ s land requisition system, farmers are usually under compensated for urban land-taking.
文摘The 2030 Agenda for Sustainable Development provides a core framework and platform for global development,mainly characterized by the incorporation of human rights protection responsibilities and explicit acknowledgment of the shared role of development and human rights in safeguarding human dignity and well-being.Human rights responsibilities require states to prioritize human development within their development agenda,achieve human rights through development,and adhere to human rights principles and standards.Integrating human rights responsibilities into the development agenda not only makes development more comprehensive but also provides legal constraints and monitoring mechanisms for the implementation of development goals.The 2030 Agenda for Sustainable Development redefines the relationship between development and human rights and is thus closely aligned with China’s practice of advancing sustainable development and human rights protection simultaneously.Guided by the people-centered development philosophy and new development philosophy,China has accomplished the historic tasks of the fight against poverty and the building of a moderately prosperous society in all respects,while significantly enhancing human rights protection.These achievements have provided a unique country-specific experience of“promoting human rights through development”for the implementation of sustainable development goals.
基金the National Social Science Fund’s major project“Research on the Generation Background,Construction Logic,and Value Orientation of China’s Human Rights Knowledge System”(Project Approval Number 24&ZD129).
文摘The right to digital development,rooted in the fundamental right to development,emerges in response to the transformations of our era and serves as a catalyst for Chinese modernization.Building upon the traditional right to development,the right to digital development aims to meet the people’s aspirations for a better life in the context of digital development.By integrating a technological perspective,this concept advances the theoretical evolution of the right to development in line with contemporary realities.In terms of generation logic,the right to digital development is grounded in policies supporting Chinese modernization,guided by the development of new quality productive forces,and oriented toward addressing the people’s aspirations for a better life and society’s sustainable digital transformation.Ultimately,this framework constructs a normative structure encompassing the right to digital development opportunity,the right to digital development condition,and the right to digital development realization as a cohesive whole.From a value-oriented perspective,the right to digital development adheres to a people-centered philosophy of development,grounded in practical considerations.It addresses the digital divide as a focal point,gradually mitigating digital exclusion and circumventing digital malpractices,thereby fostering digital sharing.Integrating the right to digital development into the conceptual framework of the right to development can complete the institutional construction of digital development through the theoretical architecture of“condition-opportunity-realization.”This integration helps to better safeguard people’s rights and interests in digital development and promotes the free and comprehensive development of individuals.
基金the assistance of the China National Science Foundation(project 710731138)The Ford Foundation,the British SPF Funds+1 种基金the Fundamental Research Funds for the Central Universitiesthe Research Funds of Renmin University of China
文摘The functionalist reasoning of institutional changes builds on individual rationality and explains institutional changes from the demand side. While insightful, a comprehensive understanding also needs to take into account the supply side, The state, as the ultimate supplier of institutional changes, plays the pivotal role of agency; therefore, its willingness and ability decide how such regime change occurs and what partieular form the new regime takes. Since the mid-1990s, the Chinese economy has embarked on a path of rapid industrialization and urbanization. The contestation over rural land development rights in China offers an excellent case to illuminate the importance of state agency in institutional changes. Drawing on case studies in China＇s three major urbanizing regions, this article analyzes how villages brought their own land directly to the land market and reaped handsome profits. We argue that the three successful cases, Nanhai in Guangdong, Kunshan in Jiangsu and Zhenggezhuang in Beijing, all represent a product of active agency on the supply side. The Chinese state＇s fragmented authority provides a favorable institutional environment for such changes.
基金Supported by the Fundamental Research Funds for the Central Universities(24CX-TDO1)。
文摘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 backdrop,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 human rights and development by unifying collective human rights with individual human rights and integrating the universality and particularity 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 elevated 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 global cause of human rights and development with a larger concept of human rights.Under the framework of the concept of building a community with a shared future for mankind,the Belt and Road Initiative,and the Global Development Initiative,China has contributed to enhancing 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.
基金the Research on Building a Theoretical System of Constitutional Supervision with Chinese Char-acteristics(Project Approval Number 23JDZ025)a major research project of the Ministry of Education in Philosophy and Social Sciences.
文摘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.
文摘This study discusses the basic guarantee of the Charter of the United Nations to realize the right to development from the angle of Transforming Our World: the 2030 Agenda for Sustainable Development. The concepts regarding the people as the focal point, the dignity, the worth of the human being, as well as larger aspects of freedom, and other basic concepts within the Charter of the United Nations, guide the right direction of action for the realization of the right to development. The purpose and principles of the United Nations establishment in the Charter constitute the basic legal protection of the right to development. Values of peace, international dialogue, and international cooperation show the right path to the realization of the right to development.
文摘The right to development and the right to the environment are both third generation rights, closely related to human development and world peace. For developing countries, there is a de facto conflict between the right to development and the right to the environment, which leads to serious consequences. To coordinate development and the environment, developing countries should shift their pattern of development, take the path of sustainable development and realize environmental protection and ecological balance while promoting economic growth.
文摘On the occasion of the 30thanniversary of the adoption of the United Nations’ Declaration on the Right to Development,representatives from various countries have gathered in Beijing to attend the "Sharing the Development:Create More Benefits
文摘The Third Plenary Session of the 16th Central Committee of the Communist Party of China （CPC） in October 2003 put forward a scientific approach of people-centered, all-round, coordinated and sustainable development and made it a strategy for governing the country, putting it in command of all economic and social development. Since reform and opening up in 1978, China has persisted in the central task of economic development and put development in the first place. The evolution of the concept ＂development is the hard truth＂ to ＂development is a task of first importance in governing the country and invigorating the Chinese nation＂ and to the establishment of the scientific development approach reflects the deepening and growing command of the laws governing China＇s economic and social development.
文摘The Belt and Road Initiative makes an important contribution to the right to development in theory and practice in the current world. Since the reform and opening-up, the Chinese government puts the rights to subsistence and development before any other human rights, which effectively guarantees and accelerates a rapid economic development in China. Nowadays, countries along the Belt and Road have joined a "community of common destiny". Inside the "community of common destiny," countries have enjoyed not only the responsibility, rights and benefit of the right to development, but also a win-win cooperation that ensured the right to development. Therefore, the Belt and Road initiative enriches the UN Declaration on the Right to Development, and "community of common destiny" of countries becomes a higher form of the right to development.
文摘Having proper sanitation and hygiene, access to affordable health care and enough food on the table are the basic conditions for a dignified life. This link between human dignity and the right to development was made very persuasively already in the White Paper on human rights, issued by the State Council of P.R.C. in 1991. The Declaration on the right to development can be considered the first successful joint action undertaken by Southern states in the area of human rights. The Declaration was based on Southern scholarship, such as the pioneering research conducted by the Senegalese jurist Kéba M’baye. And its adoption was the result of joint stage management performed by diplomats from different continents. Therefore the Declaration serves as a source of inspiration for the work of drafting a Comprehensive Southern Vision on human rights. The Vision document will lay out a common Southern outlook on human rights issues as an elaboration of the Universal Declaration.
文摘Near 30 years after the adoption of the 1986 UN Declaration on the Right to Development, understanding of this Right still differs from one political group to another. The South stresses issues such as inequalities in the international financial system, greater participation of developing countries in global decision-making on economic policy, and promoting a fairer trade regime. The North persists on apt domestic conditions in developing countries such as rule of law, good governance, democracy and responsible economic management. And while the NonAligned Movement calls for an international legal standard of a binding nature, the European Union is opposed to such an upgrade of the Declaration. In fact, drafting a Framework Convention on the Right to Development seems to be the best option for accommodating the concerns of the different political groups, as it allows for a step-by-step approach. A framework convention is a treaty under international law: such a treaty is open to States, and once it has entered into force, it is binding on States that have expressed consent. The potential added value of a Framework Convention on the Right to Development is to balance the current human rights regime with a treaty that goes beyond individual State responsibility and takes inspiration from principles derived from international development efforts, such as mutual accountability, alignment of policies among partner countries, and inclusive partnerships.
文摘Assisting minority areas to realize the right to development is an important part of Chinese government’s goals of protecting human rights and building a prosperous society. To assist minority areas to realize the right to development, China’s Constitution, laws, administrative regulations and policy documents define the State’s constitutional obligations. There also exists a legal and policy support system to help the minority areas to achieve economic and social development through measures such as transfer payments, assistance to Tibet and Xinjiang and counterpart support for poverty alleviation. However, China is also faced with the difficult challenges of poverty reduction, development, unbalanced regional development and other issues in assisting ethnic minority groups to realize the right to development.
文摘One of the most proclaimed weaknesses of the international human rights system is the so-called implementation gap. It occurs in various forms and shapes and surfaces in numerous conventions, declarations, norms, guidelines, protocols, and myriad other instruments containing international human rights obligations or commitments. Under international human rights law, a logical response to identified gaps would be to strengthen the obligation side of a standard and to raise its legal standing and enforceability. Yet, as this notorious gap affects legal standards of varying degrees of legal force, this response might not be the only or even the preferred one to reach the goal, namely, to close this gap. For human beings, whose rights are infringed through failure to protect, respect or fulfill, addressing the implementation gap is not always a legal question. What matters more than technical compliance with legal standards are practical measures that deliver results. In order to deliver results in an international context, therefore, it is necessary to work from a common starting point towards common goals with a common understanding of the key concepts. Focusing on the right to development and anchored on the human dimensions to development, this paper contends that it is paramount to reconceptualize the politically difficult processes of finding consensus around the legal form and content of the right. Otherwise, isolated efforts to implement it without a solid legal foundation will remain unsustainable.
