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宪法上的Civil Rights是公民权利吗?——解读constitutional civil right 被引量:9
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作者 郑贤君 《首都师范大学学报(社会科学版)》 2004年第4期47-56,共10页
作为西方法律文化的产物 ,constitutionalcivilrights有其独特的自然法背景。本文通过对西方法律思想史、宪法史和美国最高法院司法实务见解的梳理与综合分析 ,认为将constitutionalcivilrights译为“公民权利”属于误读 ,它混淆了依据... 作为西方法律文化的产物 ,constitutionalcivilrights有其独特的自然法背景。本文通过对西方法律思想史、宪法史和美国最高法院司法实务见解的梳理与综合分析 ,认为将constitutionalcivilrights译为“公民权利”属于误读 ,它混淆了依据人的属性和依据公民资格而获得的权利之间的道德区别。应将其译为“私人权利” ,明确这一权利体系的前国家与超国家特征 ,使其区别于实证法律传统之下个人依赖作为政治社会成员资格所享有的公民权利 ,并区分宪法权利与民事权利之间的差异。在法官的解释下 ,constitutionalcivilrights还呈现出开放特性 ,是一个能够感应时代变化的、发展的权利体系。 展开更多
关键词 CONSTITUTIONAL civil rightS 自然权利 个人权利 私人权利 宪法权利
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Analysis of the Focal Issues of the Implementation of the Block System Reform in China--From the Perspective of the Protection of Civil Rights
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作者 Zheng Ni 《Contemporary Social Sciences》 2021年第2期82-93,共12页
In February 2016, the Central Committee of the Communist Party of China and the State Council of China issued the "Several Opinions of the CPC Central Committee and the State Council on Further Strengthening the ... In February 2016, the Central Committee of the Communist Party of China and the State Council of China issued the "Several Opinions of the CPC Central Committee and the State Council on Further Strengthening the Management of Urban Planning and Construction", stating that, in principle, closed residential areas will no longer be constructed and will be replaced by the promotion of the block system. This change in policy has aroused a great deal of controversy in various circles of society in China. In 2017, Chengdu, the capital city of Sichuan province, made an innovative attempt to implement "small block regulations." In 2018, the first "block system" public rental housing district appeared in Beijing, the capital of China. These innovative practices have promoted the pace of block system reform in China, but in general, the implementation of block system reform is difficult. From the perspective of public opinion, it seems that many citizens misunderstand the block system. This may be due to the complex interactions among community environmental management, public security, privacy, and other factors where individual interests and public interests meet. This article, from the perspective of the protection of civil rights, analyses the advantages and disadvantages of the block system at the value level, distinguishes the differences between the block systems of China, the UK and the US and then puts forward the theory that the block system reforms for newly built and existing residences are different and should be implemented independently. Concerning the key point of the block system reforms, the "greater difficulty in the implementation of the block system reform in the existing residential quarters" is the proposal to expropriate the commonly owned internal roads and appropriately compensate the residents. Finally, to cope with the core issues effectively, this article advocates gradual implementation of the block system reforms in China, including legislation, policy transformation, cultural construction, and pilot trials to promote the success of the implementation. 展开更多
关键词 the block system civil rights expropriate policy transformation
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The Contributing Factors of Black Women's Devotion to Self-empowerment in the Later Civil Rights Movement
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作者 曾倩 《海外英语》 2010年第5X期215-218,共4页
From the beginning the civil rights movement,black women had thrown themselves into the fighting for racial liberation.However,since the mid-1960s black women began to pay more attention to their own empowerment for m... From the beginning the civil rights movement,black women had thrown themselves into the fighting for racial liberation.However,since the mid-1960s black women began to pay more attention to their own empowerment for many intricate and complex reasons.This paper focuses on what resulted in gradual shifting of black women to self-empowerment. 展开更多
关键词 BLACK women SELF-EMPOWERMENT LATER civil rightS movement
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The Human Rights Awareness of Chinese Civilization in the “Axial Age”
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作者 LU Guangjin LI Chunyan(Translated) 《The Journal of Human Rights》 2025年第4期816-846,共31页
During the“Axial Age,”Chinese civilization experienced a distinctive human rights awareness characterized by its endogeneity,autonomy,and originality.This awareness,based primarily on humanism,populism,and naturalis... During the“Axial Age,”Chinese civilization experienced a distinctive human rights awareness characterized by its endogeneity,autonomy,and originality.This awareness,based primarily on humanism,populism,and naturalism,emphasized respect for human beings,highlighting the importance of caring for,respecting,and protecting people,and focusing on“benefiting the people,”“nurturing the people,”“enriching the people,”and“prospering the people.”It reflected an awareness of human rights such as the rights to life,personality,subsistence,development,and environment.This human rights awareness,oriented towards values such as“achieving benevolence,”“valuing goodness,”“revering righteousness,”“cherishing harmony,”and“seeking the public good,”established a cognitive logic that unifies human nature,virtue,and rationality.It featured a human rights spirit that is not dominated by divine authority,based on moral and ethical philosophy,and oriented towards“positive”rights.This awareness delved into the value of being human and the meaning of human existence,demonstrating creativity and innovation,and marking a significant breakthrough in the history of human rights civilization.The ideological wisdom,spiritual strength,and practical pathways contained in this human rights awareness not only laid the foundation for the human rights thought of classical Chinese civilization but are also indispensable for contemporary China’s commitment to the“two combinations”.It holds important practical significance for advancing Chinese modernization and creating a modern human rights civilization for the Chinese nation. 展开更多
关键词 Axial Age Chinese civilization human rights awareness human rights civilization “two combinations”
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Origin of China’s Human Rights Civilization——A Summary of the International Academic Conference on the Ideas of Human Rights in Ancient Chinese Classics
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作者 DING Jin TENG Zhenduo QIAN Chuijun(Translated) 《The Journal of Human Rights》 2025年第2期447-461,共15页
Human rights are both a hallmark of progress in human civilization and a shared achievement of all civilizations.Throughout history,civilizations,including the Chinese civilization,have continuously explored fundament... Human rights are both a hallmark of progress in human civilization and a shared achievement of all civilizations.Throughout history,civilizations,including the Chinese civilization,have continuously explored fundamental questions about human life,value,and dignity,collectively shaping the foundation of global human rights civilization.On November 20,2024,the International Academic Conference on the Ideas of Human Rights in Ancient Chinese Classics was held at the Yuelu Academy of Hunan University.Attendants explored the historical origin and creative transformation of China’s human rights civilization from four dimensions,namely comparative studies of human rights civilizations in China and abroad,human rights concepts in Confucian classics and historical records,human rights concepts in Chinese philosophical and miscellaneous works,and human rights concepts in legal texts.The conference examined the historical connection between human rights concepts in ancient Chinese classics and the shared values of humanity,aiming to promote global human rights dialogue and mutual learning through civilizational exchanges.By bridging“ancient and modern,East and West,”it illuminated the civilizational foundations and Chinese wisdom underlying global human rights governance. 展开更多
关键词 ancient Chinese classics human rights concepts human rights civilization global civilization initiative
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Liang Qichao's Views on Civil Rights and Rousseau's "Sovereignty Rests with the People
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作者 宝成关 《Social Sciences in China》 1997年第1期46-53,190,共9页
关键词 Sovereignty Rests with the People Liang Qichao’s Views on civil rights and Rousseau’s
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Human Rights Implications of the Civil Code of the People's Republic of China
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作者 朱虎 XIANG Na(Translated) 《The Journal of Human Rights》 2022年第6期1178-1201,共24页
Putting the people first in human rights protection is the most distinctive feature of the outlook on human rights in contemporary China. The codification of the Civil Code of the People’s Republic of China reflects ... Putting the people first in human rights protection is the most distinctive feature of the outlook on human rights in contemporary China. The codification of the Civil Code of the People’s Republic of China reflects the people’s legislation for themselves, which is guided by the principle of putting the people first in its external system and internal values. Functionally, the Civil Code of the People’s Republic of China reflects the obligation of the country to protect human rights, constructs the framework relationship between the country and individual people, and perfects the mechanism for human rights protection. The continuous expansion of the types, contents, and functions of civil rights in the Civil Code of the People’s Republic of China is required by the broad scope of human rights, with an aim to realize a happy life for the people, the most important human rights, and protect people’s personal rights, property rights, and right to dignity through specific rules. The universal sharing of human rights requires the universality of the subjects of civil rights. The equal sharing of human rights requires the equality of forms of civil rights protection. Meanwhile, it further requires the substantive equality of civil rights protection. Attention is paid to protecting the rights and interests of specific groups in external and embedded ways. 展开更多
关键词 civil Code of the People’s Republic of China human rights protection civil rights protection outlook on human rights in contemporary China
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The Historical Position and Value Dimensions of Human Rights Civilization
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作者 鲁广锦 PAN Yingzhao 《The Journal of Human Rights》 2024年第1期11-41,共31页
Human beings are the mainstay and the ultimate goal of civilization.The history of human civilization is a continuous struggle to realize the respect,liberation,protection,and development of humanity.Human rights are ... Human beings are the mainstay and the ultimate goal of civilization.The history of human civilization is a continuous struggle to realize the respect,liberation,protection,and development of humanity.Human rights are an achievement of humanity and a symbol of progress,and the human rights civilization is an important component of human civilization.Understanding and interpreting human rights from the perspective of human rights civilization means that human rights are not only a concept or an idea but also a grand historical and long-term social practice.Up to now,the development of human rights civilization has roughly experienced four awakening eras:initialization,revolution,popularization,and globalization.In terms of its value dimensions,it has the characteristics of progressiveness,diversity,commonality,inclusiveness,indivisibility,openness,and so on.The historical position of human rights civilization and the development of its value dimensions have shown to the world that human rights are the common wealth of humanity,and human rights belong to all mankind;human rights are historical,concrete,and developmental;the concept of human rights is constantly evolving,and its connotations and categories are constantly expanding;achieving the free and well-rounded development of every person is the highest value realm of human rights civilization.The Chinese modernization endows Chinese civilization with modern strength and opens up new horizons for human rights civilization.The new pattern of human rights civilization to be created by Chinese modernization not only possesses the common characteristics of human rights civilization but also enjoys Chinese characteristics based on its own national conditions,enriching and developing the diversity of human rights civilization for all mankind. 展开更多
关键词 human rights civilization four awakening eras of human rights value dimensions of human rights Chinese modernization new pattern of human rights civilization with Chinese characteristics
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Pioneering a New Realm of Human Rights Civilization in the Chinese Path to Modernization——An Overview of the Symposium on“The Chinese Path to Modernization and the Promotion of Free and Comprehensive Human Development”
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作者 王新怡 黄安杰 QIAN chuijun(Translated) 《The Journal of Human Rights》 2024年第2期476-481,共6页
On October 14,2023,a symposium themed“The Chinese Path to Modernization and the Promotion of Free and Comprehensive Human Development”was held in Changchun,Jilin Province,China.More than fifty experts,scholars,and r... On October 14,2023,a symposium themed“The Chinese Path to Modernization and the Promotion of Free and Comprehensive Human Development”was held in Changchun,Jilin Province,China.More than fifty experts,scholars,and researchers from national institutions and universities engaged in discussions and exchanges on human rights on the Chinese path to modernization,including the path,practice,knowledge systems,and civilization forms of human rights.This symposium played a significant role in advancing the construction of the disciplinary system,academic system,and discourse system of human rights in China. 展开更多
关键词 Chinese path to modernization Chinese human rights civilization China’s indigenous human rights knowledge system free and comprehensive human development
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Modernization and the Diversity of Human Rights Among Civilizations--Review of the 2023 China-europe Seminar on Human Rights
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作者 谭堾垿 LIU Haile(Translated) 《The Journal of Human Rights》 2023年第6期1373-1386,共14页
Human rights are an achievement of humanity and a symbol of progress.Respect for and protection of human rights are basic principles of modern civilization.Around the world,countries and regions have chosen different ... Human rights are an achievement of humanity and a symbol of progress.Respect for and protection of human rights are basic principles of modern civilization.Around the world,countries and regions have chosen different paths to modernization,which are rooted in their unique civilizations.to promote exchanges and mutual learning among civilizations,facilitate human rights exchanges and cooperation between different countries,and advance the global development of human rights,on September 20,2023,the 2023 China-europe Seminar on Human Rights was held in Rome,the capital of Italy.Under the theme of“Modernization and the Diversity of Human Rights Among Civilizations,”the seminar focused on discussing topics such as exchanges and mutual learning among civilizations and the development of modern human rights philosophy,modernization and the free and well-rounded development of every person,sustainable development in the process of modernization,and the evolution of the civilization of human rights in the digital age.participants reached the following consensuses at the event:First,the participants from various countries spoke highly of the great achievements that China has made in human rights cause and fully recognized China’s contributions in promoting the development and progress of the global human rights cause;Second,the participants from all countries agreed that it is necessary to discard the concept of“Western-centrism,”transcend the mindset of“cultural superiority,”promote human rights exchanges and mutual learning among civilizations on the basis of equality and mutual respect,and inject new impetus into the diversity of human rights among civilizations;third,participants reaffirmed that human rights represent an open concept,and that we should discuss the development of human rights with an open mind and jointly promote the progress of human rights in the world. 展开更多
关键词 China-Europe Seminar on Human rights modern-ization diversity of human rights among civilizations sustainable development digital human rights
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China's Criminal Law Reform from the Perspective of the International Covenant on Civil and Political Rights
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作者 焦阳 ZHAO Hongfang 《The Journal of Human Rights》 2017年第2期181-192,共12页
The International Covenant on Civil and Political Rights reflects the world’s perception of human rights, and is of vital importance in the field of international human rights. The Covenant has been signed by Chinese... The International Covenant on Civil and Political Rights reflects the world’s perception of human rights, and is of vital importance in the field of international human rights. The Covenant has been signed by Chinese government. Although not ratified yet, it will definitely have an impact on the reform of China’s Criminal Law. Therefore, it is necessary to further change our notion of the criminal law system by defining the boundary between public power and civil rights and developing the view of human rights protection. In terms of the specific system, it is necessary to further reduce the number of crimes punishable by the death penalty and limit the application of the death sentence, improve China’s Criminal Procedural Law to protect the fundamental rights of suspects and defendants in terms of compulsory measures, investigation means and judicial form, and add some charges like enslavement and illegal human experimentation, which are criminalized around the world, so as to be in line with the requirements of international human rights protection. 展开更多
关键词 International Covenant on civil and Political rights death penalty reform criminal procedure international crime
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The Modernization of State Governance Will Promote Protection of Civil and Political Rights
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作者 常健 《The Journal of Human Rights》 2015年第1期35-39,共5页
The modernization of state governance and innovation in governing measures will strengthen the protection of human rights in China, including civil and political rights. Firstly, legal control over public power will r... The modernization of state governance and innovation in governing measures will strengthen the protection of human rights in China, including civil and political rights. Firstly, legal control over public power will reduce arbitrary restrictions on civil rights. Secondly, public participation in policy-making will provide more opportunities for citizens to exercise their political rights. Thirdly, governing by law will better guarantee equal protection of law for all people. Fourthly, an effective accountability mechanism will reinforce people's right of supervision. Lastly, innovation in governing measures will help identify and satisfy citizens' demands. 展开更多
关键词 human rights protection in China modernization of state governance civil and political rights
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The Empirical Investigation and Improvement Path of Judicial Protection of Civil Litigation Rights in China
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作者 李艳 胡月 JIANG Yu(Translated) 《The Journal of Human Rights》 2021年第5期831-850,共20页
The close coupling of civil litigation rights and human rights mean how well litigation rights are realized can directly or indirectly affect the judicial protection of human rights.Therefore,human rights protection i... The close coupling of civil litigation rights and human rights mean how well litigation rights are realized can directly or indirectly affect the judicial protection of human rights.Therefore,human rights protection in the field of civil litigation should take the right of civil litigation as the starting point and core.Based on a sample questionnaire survey of judges and lawyers,this paper conducts an empirical analysis and proposes that the exercise of this right should be taken as the main line to build a comprehensive protection mechanism for this right to realize its role in providing an institutional guarantee for human rights protection.It specifies three aspects:first,the process of filing a case should uphold the freedom and equality of the right to initiate litigation,remove substantial obstacles that affect the filing of the case,and ensure access to justice for disadvantaged groups;second,the trial procedure should have strengthened checks and balances on judicial power to ensure the right of litigation is compromised,and respects the procedural subject status of the two parties to realize equal protection of both parties;the third is to promote the implementation and improvement of relief for this right in the supervisory procedure,clarify the boundary of its relief by procuratorial supervision,and enhance the comprehensiveness and accuracy of the relief. 展开更多
关键词 civil litigation rights freedom and equality of litigation rights checks and balances of litigation rights relief of litigation rights
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Human Rights Consensus and the Common Prosperity of Civilizations--A Summary of Views at the “2018·China-Europe Seminar on Human Rights”
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作者 周力 聂清雨 LI Man(译) 《The Journal of Human Rights》 2018年第4期439-450,共12页
The "2018·China-Europe Seminar on Human Rights" was successfully held at the College of Europe in Bruges, Belgium, on June 28. The seminar was hosted by the China Society for Human Rights Studies and th... The "2018·China-Europe Seminar on Human Rights" was successfully held at the College of Europe in Bruges, Belgium, on June 28. The seminar was hosted by the China Society for Human Rights Studies and the International Institute of Human Rights, and was organized by the Human Rights Institute at the Southwest University of Political Science and Law and the French ADELIE Language and Cultural Exchange Association. The University of Strasbourg, Vrije Universiteit Brussel and European Institute for Political and Strategic Communication were served as co-organizers. Over 60 experts and scholars in the field of human rights from China and Europe attended the seminar in search of the diversity of civilization and human rights protection, focusing on themes such as "the philosophy of human rights in a Chinese context", "the philosophy of human rights in the Universal Declaration of Human Rights and its reflection", "human rights theory and practice in a pluralistic world", "human rights exchanges and dialogues under the diversity of civilization", and "in search of human rights consensus in diverse civilizations." In the context of respecting diversity, the seminar sought a consensus to promote trans-cultural communication in the form of dialogues and to strengthen understanding between the academic circles of China and Europe. 展开更多
关键词 diversity of civilizations human rights exchanges and dialogues human rights consensus
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Universality and Relativism of Human Rights from Perspective of International Covenant on Civil and Political Rights
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作者 SUN SHIYAN 《The Journal of Human Rights》 2009年第4期13-15,共3页
There has been much discussion in the recent decade on the universality or particularity or relativism or on the relations between the universal values and standard systems and cultural diversity or pluralism. But mos... There has been much discussion in the recent decade on the universality or particularity or relativism or on the relations between the universal values and standard systems and cultural diversity or pluralism. But most of the discussions are concentrated on the abstract or conceptual terms, with few touching upon international human fights standards. This is strange, because the disputes will never end and it is impossible to arrive at any conclusions of value if discussions only focus on the different concepts and systems of different countries or civilizations instead of on what has been universally accepted or at least on the international human rights treaties and the customary international human rights laws that are binding to the great number of state parties. 展开更多
关键词 Universality and Relativism of Human rights from Perspective of International Covenant on civil and Political rights
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Civil Society to Be More Active in Human Rights Affairs
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作者 XIONG LEI 《The Journal of Human Rights》 2008年第1期22-23,共2页
Nobody can become an expert on the United Nations in one week. But a week-long training workshop on international human fights treaties in Geneva, Switzerland may herald more active participation of China's civil soc... Nobody can become an expert on the United Nations in one week. But a week-long training workshop on international human fights treaties in Geneva, Switzerland may herald more active participation of China's civil society in the country's commitment to these principles. 展开更多
关键词 MORE civil Society to Be More Active in Human rights Affairs BE
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On the Four Dimensions of Contemporary Chinese Perspective on Human Rights from a Spatiotemporal Viewpoint
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作者 LIU Zhiqiang HE Chen 《The Journal of Human Rights》 2025年第3期534-566,共33页
The Chinese perspective is an open and evolving theoretical system.From a spatiotemporal viewpoint,it can be theoretically distilled into such four dimensions as the world dimension,the historical dimension,the practi... The Chinese perspective is an open and evolving theoretical system.From a spatiotemporal viewpoint,it can be theoretically distilled into such four dimensions as the world dimension,the historical dimension,the practical dimension,and the theoretical dimension,which collectively form a“unified framework of four”of logical construction.The“world”dimension represents the synchronic extension of human rights practices,outwardly touching on the shared values of all humanity guided by relational rationality and the vision of a community with a shared future for humanity.The“historical”dimension reflects the diachronic extension of China’s path of human rights development,encompassing the cultural subjectivity of Chinese civilization and the complex context of modern human rights endeavors.The“practical”dimension serves as the“meta-perspective”of contemporary Chinese perspective on human rights,where the leadership of the Communist Party of China and the people-centered approach constitute the fundamental stance for developing the perspectives of human rights and human rights governance.The“theoretical”dimension focuses on the deconstruction and reconstruction of indigenous human rights notions,emphasizing a set of values that are confident,inclusive,equitable,shared,and forward-looking.The“world”dimension of“taking the world as a method”,provides a reference perspective for“taking China as a method”narrative centered on the“historical-practical-theoretical”framework,while the latter injects a human rights methodology grounded in Chinese wisdom into the former.By integrating these four dimensions,a more profound and comprehensive understanding of the value core and normative paradigm of contemporary Chinese perspective on human rights can be achieved. 展开更多
关键词 contemporary Chinese perspective on human rights spatiotemporal construction human rights civilization human rights
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Civil Affairs Authorities Bent on Protecting People's Basic Rights
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作者 Li Liguo Vice-Minister of Ministry of Civil Affairs 《The Journal of Human Rights》 2010年第3期2-4,共3页
In response to the global financial crisis,China’s civil affairs au-thorities redoubled their effort in 2009 to improve the livelihood of the Chinese people and protect their basic rights and interests under the cons... In response to the global financial crisis,China’s civil affairs au-thorities redoubled their effort in 2009 to improve the livelihood of the Chinese people and protect their basic rights and interests under the constitutional principle of respectingand protecting human rights. 展开更多
关键词 BENT civil Affairs Authorities Bent on Protecting People’s Basic rights Basic
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