EDITOR'S NOTE: Since May 2004, the people's procuratorates in China have concentrated their efforts on uncovering cases of encroaching upon human rights by government functionaries by abusing their power. The ...EDITOR'S NOTE: Since May 2004, the people's procuratorates in China have concentrated their efforts on uncovering cases of encroaching upon human rights by government functionaries by abusing their power. The move has aroused extensive attention. On this, our staff reporter interviewed Deputy Chief Procurator Wang Zhenchuan, who is in charge of the campaign against human rights violations.展开更多
The right to the protection of personal data is an important human right in the era of big data and a constitutional right based on the national protection obligation and the theory of human dignity,making it of speci...The right to the protection of personal data is an important human right in the era of big data and a constitutional right based on the national protection obligation and the theory of human dignity,making it of special significance for the realization of citizenship in a digital society.It can be seen from an examination of the constitutional texts of various countries in the world that the right to the protection of personal data as a constitutional right has rich normative connotations,and the key legal link to realize this right lies in the national legislature actively fulfilling its obligation to shape and specify the protection of personal data in accordance with the entrustment of the constitutional norms.Given the constitutional principles of fundamental rights protection,i.e.,realizing the constitutional status of the right to the protection of personal data as a basic right by means of institutional guarantees,the legislature should first adhere to the constitutionality principle of data protection legislation.Second,a multi-level data protection legal system centered on the right to the protection of personal data should be established.Finally,the institutional guarantee mechanism for the protection of personal data should be continuously improved through constitutional interpretation.展开更多
During the War of Liberation,the liberated areas,under the leadership of the Communist Party of China,kept deepening and developing the concepts and ideas of protecting human rights,promulgated a series of human right...During the War of Liberation,the liberated areas,under the leadership of the Communist Party of China,kept deepening and developing the concepts and ideas of protecting human rights,promulgated a series of human rights laws and related administrative programs,and put them into practice.The contents included not only the political rights of citizens but also their economic,social,and cultural rights,with emphasis on the protection of the rights to subsistence and development.The human rights legislation in the liberated areas has a wartime and class-based nature due to its social environment.It reflects the transition of the Communist Party of China from a revolutionary party to a ruling party on the historical stage.It played an important role in directing,advancing,and promoting the progress of democracy and the rule of law at that time and accumulated experience for the human rights legislation after the founding of the People’s Republic of China.History proves that the Communist Party of China has always been a political party dedicated to fighting for the human rights of the Chinese people,and only the Communist Party of China can lead China’s human rights development to a deeper level.展开更多
Taking the theory of mixture as a basic .framework, the paper merges the primesof rational mechanics irreivrsible thermodynamics and soil meehanics into an organicsystem and proposes an axiomatics of geomechanics .The...Taking the theory of mixture as a basic .framework, the paper merges the primesof rational mechanics irreivrsible thermodynamics and soil meehanics into an organicsystem and proposes an axiomatics of geomechanics .The theoretical system consistsof 5 basis laws and 8 constitutive principles .and it erects a bridge across the gapbetween the pure theory of mechanics and engineering practice .展开更多
Paragraph 2 of Article 30 of the Law on Foreign Relations of the People's Republic of China(PRC),adopted at the third session of the Standing Committee of the 14th National People's Congress(NPC)on June 28,202...Paragraph 2 of Article 30 of the Law on Foreign Relations of the People's Republic of China(PRC),adopted at the third session of the Standing Committee of the 14th National People's Congress(NPC)on June 28,2023,explicitly stipulates that"treaties and agreements that the State concludes or accedes to shall not contravene the Constitution."This marks the first explicit recognition in Chinese statutory law of the hierarchical relationship between treaties and the Constitution,effectively establishing the principle of constitutional supremacy within the statutory rule system.Under the Law on Foreign Relations,the constitutional review system established by the newly revised Legislation Law of the PRC,which centers on the exercise of the power of constitutional review by the NPC Standing Committee,has expanded the scope of review objects and,more importantly,provided a new legal basis for constitutional review.The provisions,principles,and spirit of the Constitution can serve as definitive standards for constitutional review.Therefore,the formal implementation of the Law on Foreign Relations has injected new vitality into China's constitutional review system,granting the Constitution,as the fundamental law of the State,the highest legal authority within the statutory hierarchy.This advancement contributes to promoting the implementation of the Constitution and upholding its authority.展开更多
The theory of the rule of law system,as an original contribution of Xi Jinping Thought on the Rule of Law,provides scientific and contemporary methodologies and guidance for addressing China's rule of law issues.T...The theory of the rule of law system,as an original contribution of Xi Jinping Thought on the Rule of Law,provides scientific and contemporary methodologies and guidance for addressing China's rule of law issues.The rule of law system serves multiple functions:it is a crucial safeguard for Chinese modernization,the key project of China's governance system,the focus of advancing law-based governance in all respects,and the cornerstone for ensuring economic and social development.The building of the rule of law system follows a value logic centered on people,a methodological logic of systems thinking,and a problem-oriented practical logic.The theory of the rule of law system encompasses a rich connotation,which emphasizes systematic,dynamic,multidimensional,constructive,governance-based,preventive,coordinated,international,practical,and high-quality building of the rule of law.The new contributions of the theory of the rule of law system are manifested in five respects:taking the Constitution as the overarching principle of the rule of law system,endowing this system with new scientific connotations,clarifying its core imperatives and upholding it as our fundamental rules,revealing the intrinsic connections between the rule of law system and the modernization of national governance,and proposing a strategic blueprint and methodological pathways for the coordinated advancement of the rule of law system.展开更多
文摘EDITOR'S NOTE: Since May 2004, the people's procuratorates in China have concentrated their efforts on uncovering cases of encroaching upon human rights by government functionaries by abusing their power. The move has aroused extensive attention. On this, our staff reporter interviewed Deputy Chief Procurator Wang Zhenchuan, who is in charge of the campaign against human rights violations.
基金the provincial key academic project Research of the Grassroots Negotiation and Governance Modernization Viewing from the Angle of State Governance(2019-GDXK-0005)
文摘The right to the protection of personal data is an important human right in the era of big data and a constitutional right based on the national protection obligation and the theory of human dignity,making it of special significance for the realization of citizenship in a digital society.It can be seen from an examination of the constitutional texts of various countries in the world that the right to the protection of personal data as a constitutional right has rich normative connotations,and the key legal link to realize this right lies in the national legislature actively fulfilling its obligation to shape and specify the protection of personal data in accordance with the entrustment of the constitutional norms.Given the constitutional principles of fundamental rights protection,i.e.,realizing the constitutional status of the right to the protection of personal data as a basic right by means of institutional guarantees,the legislature should first adhere to the constitutionality principle of data protection legislation.Second,a multi-level data protection legal system centered on the right to the protection of personal data should be established.Finally,the institutional guarantee mechanism for the protection of personal data should be continuously improved through constitutional interpretation.
基金a phased achievement of the key project of the National Social Science Fund of China,“Study on Developing‘Fengqiao Experience’in the New Era”(21AZD083)
文摘During the War of Liberation,the liberated areas,under the leadership of the Communist Party of China,kept deepening and developing the concepts and ideas of protecting human rights,promulgated a series of human rights laws and related administrative programs,and put them into practice.The contents included not only the political rights of citizens but also their economic,social,and cultural rights,with emphasis on the protection of the rights to subsistence and development.The human rights legislation in the liberated areas has a wartime and class-based nature due to its social environment.It reflects the transition of the Communist Party of China from a revolutionary party to a ruling party on the historical stage.It played an important role in directing,advancing,and promoting the progress of democracy and the rule of law at that time and accumulated experience for the human rights legislation after the founding of the People’s Republic of China.History proves that the Communist Party of China has always been a political party dedicated to fighting for the human rights of the Chinese people,and only the Communist Party of China can lead China’s human rights development to a deeper level.
文摘Taking the theory of mixture as a basic .framework, the paper merges the primesof rational mechanics irreivrsible thermodynamics and soil meehanics into an organicsystem and proposes an axiomatics of geomechanics .The theoretical system consistsof 5 basis laws and 8 constitutive principles .and it erects a bridge across the gapbetween the pure theory of mechanics and engineering practice .
基金the 2023 Major Innovation Project of the Chinese Academy of Social Sciences,"Study on the Basic Formation of the Overall Framework for the Law-Based Governance in All Fields"(No.2023YZD021).
文摘Paragraph 2 of Article 30 of the Law on Foreign Relations of the People's Republic of China(PRC),adopted at the third session of the Standing Committee of the 14th National People's Congress(NPC)on June 28,2023,explicitly stipulates that"treaties and agreements that the State concludes or accedes to shall not contravene the Constitution."This marks the first explicit recognition in Chinese statutory law of the hierarchical relationship between treaties and the Constitution,effectively establishing the principle of constitutional supremacy within the statutory rule system.Under the Law on Foreign Relations,the constitutional review system established by the newly revised Legislation Law of the PRC,which centers on the exercise of the power of constitutional review by the NPC Standing Committee,has expanded the scope of review objects and,more importantly,provided a new legal basis for constitutional review.The provisions,principles,and spirit of the Constitution can serve as definitive standards for constitutional review.Therefore,the formal implementation of the Law on Foreign Relations has injected new vitality into China's constitutional review system,granting the Constitution,as the fundamental law of the State,the highest legal authority within the statutory hierarchy.This advancement contributes to promoting the implementation of the Constitution and upholding its authority.
基金a phased research result of the Major Program of the National Social Science Foundation of China,entitled Research on Building a Socialist Rule of Law System with Chinese Characteristics(Project No.23ZDA72)。
文摘The theory of the rule of law system,as an original contribution of Xi Jinping Thought on the Rule of Law,provides scientific and contemporary methodologies and guidance for addressing China's rule of law issues.The rule of law system serves multiple functions:it is a crucial safeguard for Chinese modernization,the key project of China's governance system,the focus of advancing law-based governance in all respects,and the cornerstone for ensuring economic and social development.The building of the rule of law system follows a value logic centered on people,a methodological logic of systems thinking,and a problem-oriented practical logic.The theory of the rule of law system encompasses a rich connotation,which emphasizes systematic,dynamic,multidimensional,constructive,governance-based,preventive,coordinated,international,practical,and high-quality building of the rule of law.The new contributions of the theory of the rule of law system are manifested in five respects:taking the Constitution as the overarching principle of the rule of law system,endowing this system with new scientific connotations,clarifying its core imperatives and upholding it as our fundamental rules,revealing the intrinsic connections between the rule of law system and the modernization of national governance,and proposing a strategic blueprint and methodological pathways for the coordinated advancement of the rule of law system.
