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 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
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
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
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 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
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
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
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 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 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
To mark the 60th anniversary of the Universal Declaration of Human Rights and the 30th anniversary of China＇ s reform and opening up, the China Society for Human Rights Studies （CSHRS） held an academic symposium na...To mark the 60th anniversary of the Universal Declaration of Human Rights and the 30th anniversary of China＇ s reform and opening up, the China Society for Human Rights Studies （CSHRS） held an academic symposium named China＇s Thirty Years of Reform and Opening up and Human Rights Development, on December 2-3, 2008 in Beijing. Attending were Wang Chen, deputy head of the Publicity Department of the Communist Party of China （CPC） Central Committee and director of the State Council Information Office, and Luo Haocai, president of the CSHRS. Both spoke at the symposium, which gathered some 60 human rights experts from all over China.展开更多
Since the Vienna Declaration and programme of Action in 1993 recommended that countries formulate national human rights action plans,many countries have carried out relevant explorations.Since 2009,China has formulate...Since the Vienna Declaration and programme of Action in 1993 recommended that countries formulate national human rights action plans,many countries have carried out relevant explorations.Since 2009,China has formulated four series of Human Rights Action plan of China,which is significant for promoting the development of human rights,enhancing the say in international human rights,reducing social risks and protecting individual rights.The formulation of the plan adheres to the principles of being laws and policies-based and human rights-oriented,and taking into account both the country and society.The first three series of the Action plans have undergone such evolution as upgrade of guiding principles and goals,refinement of rights content and measures,diversification of responsible subjects,increasingly reasonable framework structure,and more human rights consideration in discourse expression.The fourth series of the Action plan pays more attention to expanding public participation and the content,improving the supervision mechanism,and further promoting the formulation and implementation of the Action plan.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
The discourse power over the right to development is the basis for value consensus and practical effect of the right to development. Over the three decades since the adoption of the United Nations' Declaration on ...The discourse power over the right to development is the basis for value consensus and practical effect of the right to development. Over the three decades since the adoption of the United Nations' Declaration on the Right to Development, China has developed an innovative discourse system and practices on the right to development and contributed a series of original new concepts, new propositions and new ideas to the right, which may be generally summarized as ten major aspects: in terms of orientation, the right to development is a primary fundamental human right; in terms of the nature, the right to development is an essential requirement of socialism; in terms of strategy, the right to development is to be implemented through the strategy that 'development is the primary task'; in terms of contents, we should realize the right to development integrating economy, politics, culture, society and ecological conservation; in terms of concept, we propose that people equally participate in the equal right to development; in terms of principle, we should stick to the people-centered orientation of the right to development; in terms of steps, we should enhance the right to development in the Chinese dream for the great revitalization of the Chinese Nation; in terms of focus, we should construct a fair social security system; in terms of method, we should promote the right to development by the idea and method of rule of law; in terms of ideas, we should guide the right to development by an innovative, coordinated, green, open and sharing outlook on development.展开更多
Poverty affects social development and justice. It also deeply affects the realization of human rights, inclucing the right to development. The present unjust international order cannot solve poverty by means of human...Poverty affects social development and justice. It also deeply affects the realization of human rights, inclucing the right to development. The present unjust international order cannot solve poverty by means of human rights. Many developed countries avoid their obligation of dealing with poverty, denying the general realization and actionability of economic, social and development rights. Due to the position of these countries in the issues of human rights and development, many regions of the world were falling into the extremely poor state. The efforts by the United Nations are discounted in promoting the development and fighting against the poverty.展开更多
Societal institutions and structures shape particular experiences of socio-economic disadvantage for women.It is not enough to simply extend a fixed bundle of socio-economic rights to women and men alike, but to infus...Societal institutions and structures shape particular experiences of socio-economic disadvantage for women.It is not enough to simply extend a fixed bundle of socio-economic rights to women and men alike, but to infuse such rights with substantive equality. Based on discussing the link between the right to development and socio-economic rights, I discuss how gender inequality shapes particular experiences of socio-economic disadvantage for women, which impede the exercise of their right to development. I examine a potential approach for engendering the right to development which synthesises socio-economic rights and substantive equality to capabilities. Finally, I evaluate the extent to which CEDAW represents this optimal synthesis, albeit with some important limitations.展开更多
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.
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 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 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.
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To mark the 60th anniversary of the Universal Declaration of Human Rights and the 30th anniversary of China＇ s reform and opening up, the China Society for Human Rights Studies （CSHRS） held an academic symposium named China＇s Thirty Years of Reform and Opening up and Human Rights Development, on December 2-3, 2008 in Beijing. Attending were Wang Chen, deputy head of the Publicity Department of the Communist Party of China （CPC） Central Committee and director of the State Council Information Office, and Luo Haocai, president of the CSHRS. Both spoke at the symposium, which gathered some 60 human rights experts from all over China.
基金the current stage of“Industry and Commerce and human right:The latest national,regional,and global practical research”(20JJD820006)
文摘Since the Vienna Declaration and programme of Action in 1993 recommended that countries formulate national human rights action plans,many countries have carried out relevant explorations.Since 2009,China has formulated four series of Human Rights Action plan of China,which is significant for promoting the development of human rights,enhancing the say in international human rights,reducing social risks and protecting individual rights.The formulation of the plan adheres to the principles of being laws and policies-based and human rights-oriented,and taking into account both the country and society.The first three series of the Action plans have undergone such evolution as upgrade of guiding principles and goals,refinement of rights content and measures,diversification of responsible subjects,increasingly reasonable framework structure,and more human rights consideration in discourse expression.The fourth series of the Action plan pays more attention to expanding public participation and the content,improving the supervision mechanism,and further promoting the formulation and implementation of the Action plan.
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The discourse power over the right to development is the basis for value consensus and practical effect of the right to development. Over the three decades since the adoption of the United Nations' Declaration on the Right to Development, China has developed an innovative discourse system and practices on the right to development and contributed a series of original new concepts, new propositions and new ideas to the right, which may be generally summarized as ten major aspects: in terms of orientation, the right to development is a primary fundamental human right; in terms of the nature, the right to development is an essential requirement of socialism; in terms of strategy, the right to development is to be implemented through the strategy that 'development is the primary task'; in terms of contents, we should realize the right to development integrating economy, politics, culture, society and ecological conservation; in terms of concept, we propose that people equally participate in the equal right to development; in terms of principle, we should stick to the people-centered orientation of the right to development; in terms of steps, we should enhance the right to development in the Chinese dream for the great revitalization of the Chinese Nation; in terms of focus, we should construct a fair social security system; in terms of method, we should promote the right to development by the idea and method of rule of law; in terms of ideas, we should guide the right to development by an innovative, coordinated, green, open and sharing outlook on development.
文摘Poverty affects social development and justice. It also deeply affects the realization of human rights, inclucing the right to development. The present unjust international order cannot solve poverty by means of human rights. Many developed countries avoid their obligation of dealing with poverty, denying the general realization and actionability of economic, social and development rights. Due to the position of these countries in the issues of human rights and development, many regions of the world were falling into the extremely poor state. The efforts by the United Nations are discounted in promoting the development and fighting against the poverty.
文摘Societal institutions and structures shape particular experiences of socio-economic disadvantage for women.It is not enough to simply extend a fixed bundle of socio-economic rights to women and men alike, but to infuse such rights with substantive equality. Based on discussing the link between the right to development and socio-economic rights, I discuss how gender inequality shapes particular experiences of socio-economic disadvantage for women, which impede the exercise of their right to development. I examine a potential approach for engendering the right to development which synthesises socio-economic rights and substantive equality to capabilities. Finally, I evaluate the extent to which CEDAW represents this optimal synthesis, albeit with some important limitations.
