I.INTRODUCTION Against the backdrop of profound transformations in the global energy landscape,China,as the world's largest energy producer and consumer,faces multiple challenges,including energy security,energy t...I.INTRODUCTION Against the backdrop of profound transformations in the global energy landscape,China,as the world's largest energy producer and consumer,faces multiple challenges,including energy security,energy transition,and sustainable development.To address these challenges,the Chinese government has formulated a strategic plan to build a unified national energy market and create a new framework for the energy sector.Article 42 of the Energy Law of the People's Republic of China(hereinafter referred to as the Energy Law)explicitly requires the building of a unified national energy trading market and the improvement of transaction mechanisms and rules.展开更多
As a public policy,the Human Rights Action Plan of China provides a clear roadmap for achieving the phased goals of human rights education development.The evolution of human rights education policies over the four edi...As a public policy,the Human Rights Action Plan of China provides a clear roadmap for achieving the phased goals of human rights education development.The evolution of human rights education policies over the four editions demonstrates a clear and distinct logic of progression:human rights education in primary and secondary schools has shifted from fostering students’awareness of human rights to establishing human rights values;human rights education in higher education has transitioned from the construction of single human rights course to the systematic development of human rights disciplines;human rights knowledge training has evolved from disseminating basic human rights knowledge among legal and political workers to cultivating a human rights mindset among public officials;and the popularization of human rights knowledge has moved from enhancing communication effectiveness to strengthening cultural confidence in human rights.These shifts reflect the characteristics of the policy evolution of human rights education,which are unified in their gradual and continuous nature,responsiveness and forward-looking nature,and value-oriented and contemporary nature.Fundamentally,the gap between the current state of human rights education development and policy goals serves as the intrinsic driving force for the evolution of human rights education policies.While the external factors influencing the evolution of policy content mainly include the human rights cause’s contemporary context,historical achievements,and current needs.Looking ahead to the future development of human rights education,it is essential to continuously innovate human rights teaching methods,enrich the content of human rights education,improve relevant institutional guarantee mechanisms,strengthen the construction of multi-stakeholder collaborative human rights education teams,compile and publish high-quality human rights textbooks,and increase the intensity of human rights knowledge training for journalists,in order to create a favorable public opinion atmosphere and cultural environment for the development of China’s human rights cause in the new era.展开更多
In 2024,China’s human rights research has assumed a distinct“autonomy-oriented shift,”with scholars beginning to refine and construct uniquely Chinese and locally identifiable human rights concepts,categories,and d...In 2024,China’s human rights research has assumed a distinct“autonomy-oriented shift,”with scholars beginning to refine and construct uniquely Chinese and locally identifiable human rights concepts,categories,and discourses.Building an independent human rights knowledge system has become a core academic focus in China’s human rights research field.Upholding fundamental principles and breaking new ground are the key methodological principles for the process.China’s human rights research should be rooted in the“cultural lineage”by preserving the essence of fine traditional Chinese culture,guided by the“moral lineage”by adhering to the Marxist view on human rights,and anchored in the“Four-sphere Confidence”by upholding a distinct human rights development path,so as to define the historical coordinates and value stance of China’s independent human rights knowledge system.Meanwhile,it should maintain a high degree of openness in knowledge,theory,and methodology to address emerging rights demands and contribute to building a new global human rights governance order,so as to underscore the mission of China’s independent human rights knowledge system in the contemporary era and China’s responsibility as a major global actor.China’s human rights research should uphold the dialectical unity between the fundamental principles and innovations,and advance the systemic and theoretical interpretation of its independent human rights knowledge.展开更多
At the 2024 China-Europe Seminar on Human Rights,over 60 experts and scholars from 16 countries gathered to discuss“Safeguarding Emerging Rights:Perspectives from China and Europe.”The seminar highlighted that the g...At the 2024 China-Europe Seminar on Human Rights,over 60 experts and scholars from 16 countries gathered to discuss“Safeguarding Emerging Rights:Perspectives from China and Europe.”The seminar highlighted that the global new round of technological revolution and industrial transformation,along with changes in production methods and social structures,as well as the rising awareness of human rights,have led to the emergence of many new rights.At the same time,these developments have also given traditional human rights new digital forms.The constant emergence of new rights concepts poses challenges to the traditional human rights theoretical framework and has sparked numerous debates within the international community regarding human rights theory and practice.On issues like economic equality and social rights,particularly emerging rights topics such as climate and human rights and digital human rights,countries should focus on balancing the relationship between individuals,society,and nature and seek a path for the sustainable existence and development of humanity.The core principle for protecting emerging rights should be“humanity first,”and true multilateralism should be embraced to prevent imbalances in the global governance of emerging rights.Open and fair cooperation should help build consensus and provide solutions for the global protection of emerging rights.展开更多
Protecting human rights is a noble ideal enshrined in the Universal Declaration of Human Rights.For an extended period,the United States has positioned itself as a"defender"of this cause,politicizing,weaponi...Protecting human rights is a noble ideal enshrined in the Universal Declaration of Human Rights.For an extended period,the United States has positioned itself as a"defender"of this cause,politicizing,weaponizing,and instrumentalizing human rights issues to criticize and discredit other countries.展开更多
The incorporation of human rights clauses into the constitution has propelled the innovation of fundamental rights hermeneutics in terms of the subjects of the legal relationships of fundamental rights,the nature of f...The incorporation of human rights clauses into the constitution has propelled the innovation of fundamental rights hermeneutics in terms of the subjects of the legal relationships of fundamental rights,the nature of fundamental rights,the forms of state obligations,the scope of fundamental rights,among other aspects.Regarding the subjects of the legal relationships of fundamental rights,human rights clauses have expanded the subjects of fundamental rights from citizens to natural persons.They have also narrowed down the duty-bearing subjects directed by fundamental rights in clauses that do not define duty-bearing subjects from all entities to state public power.Additionally,in fundamental rights clauses that stipulate private entities as duty-bearing subjects,the duty-bearing subjects have been narrowed down from all private entities to social public power entities.In terms of the nature of fundamental rights,human rights clauses have endowed each specific basic right with dual characteristics of the right to respect and the right to protection.Regarding the forms of state obligations,human rights clauses have established the state obligations corresponding to each specific basic right as obligations to respect and to protect.In terms of the scope of fundamental rights,human rights clauses do not have the function of independently justifying unenumerated fundamental rights,but they can assist other clauses in justifying unenumerated fundamental rights,thereby expanding the scope of fundamental rights to a limited extent.展开更多
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
Abu Dhabi’s projects adopt a four-tier and bottom-up governance and control mode for shareholder rights exercise.Every major decision of the operating company is subject to tiered discussions at shareholder meetings,...Abu Dhabi’s projects adopt a four-tier and bottom-up governance and control mode for shareholder rights exercise.Every major decision of the operating company is subject to tiered discussions at shareholder meetings,totaling over 600 such meetings annually.Decisions are initially made at professional technical workshops,then communicated to subcommittee meetings,and subsequently to asset group meetings,undergoing tiered approval until final ratification by the board of directors.展开更多
During the 6Oth session of the UN Human Rights Council,the China NGO Network for International Exchanges(CNIE),China Ethnic Minorities Association for External Exchanges,Universal Rights Group,and organisations from C...During the 6Oth session of the UN Human Rights Council,the China NGO Network for International Exchanges(CNIE),China Ethnic Minorities Association for External Exchanges,Universal Rights Group,and organisations from China and abroad.展开更多
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
Li Dazhao dedicated his whole life to advocating for legal rights,and his human rights theory and practice unfolded in the context of the International Labour Organization and the League of Nations from 1919 to 1920.H...Li Dazhao dedicated his whole life to advocating for legal rights,and his human rights theory and practice unfolded in the context of the International Labour Organization and the League of Nations from 1919 to 1920.His human rights activities encompassed both theoretical exploration and practical participation.In his early political commentary,Li Dazhao extensively discussed civil and political rights.Such terms as constitutionalism,democracy,freedom,separation of powers,political parties,speech,equality,elections,and political participation frequently appeared in his writings and were incorporated into his constitutional studies.After embracing Marxism,he paid greater attention to women’s political participation,labor movements,labor-capital relations,and labor legislation,actively supporting their rights movements.National self-determination was also a significant component of his human rights theory and practice.He focused on national issues,explored comparative studies of Chinese and Western cultures,and advocated for the right to national self-determination.展开更多
Environmental rights are an important part of General Secretary Xi Jinping’s important discourses on respecting and protecting human rights.Soft law has played a significant role in the integrated development of the ...Environmental rights are an important part of General Secretary Xi Jinping’s important discourses on respecting and protecting human rights.Soft law has played a significant role in the integrated development of the theories of environmental rights and human rights.At the practical level,the soft law cooperation documents of the Belt and Road Initiative(BRI)have established general principles for the protection of environmental rights,policies for addressing climate change,standards for green investment and financing,and obligations for multinational corporations to protect the environment,making a contribution to the development and protection of environmental rights.In the future process of global environmental governance,it is necessary to start with the BRI’s soft law documents to further clarify the specific protection standards for environmental rights and promote the transformation of soft law into binding bilateral or multilateral agreements at the international level.In addition,it is essential to urge governments and enterprises to fulfill their due diligence obligations for environmental protection and strengthen information disclosure by emphasizing public interest responsibilities.Efforts should also be made to improve the environmental compliance systems of“going global”enterprises and enhance government supervision over corporate accountability for environmental rights.A corporate environmental protection accountability mechanism should be established,so as to actively promote global environmental governance in a more just and reasonable direction.展开更多
The current international dissemination of China’s human rights discourse predominantly adopts a“sender-oriented”model,emphasizing the output of human rights discourse by transmitters while overlooking strategy adj...The current international dissemination of China’s human rights discourse predominantly adopts a“sender-oriented”model,emphasizing the output of human rights discourse by transmitters while overlooking strategy adjustments based on audience feedback.To some extent,the current approach has resulted in characteristics such as strong practical implementation but weak discourse,limited theoretical foundation,and insufficient recognition in China’s international human rights communication.Consequently,while China has achieved remarkable progress in its human rights endeavors,human rights issues remain a critical area of stigmatization by some Western countries.An“effect-oriented”mechanism for the international dissemination of China’s human rights discourse,therefore,aims to address this challenge by re-centering the audience as active participants in the communication process.By emphasizing the dual nature of human rights’international communication,this approach leverages the reflexive monitoring of initial transmitters throughout the dissemination process to finally construct a dynamic human rights discourse framework responsive to different time and space contexts.This mechanism directly confronts the diverse backgrounds of global audiences and the resulting varied interpretations of China’s human rights discourse.It advocates for dynamic evaluation of global dissemination outcomes based on audience feedback and the timely adaptation of communication strategies according to context.By doing so,it seeks to effectively advance China’s human rights communication efforts and enhance dissemination efficiency on the global scale.展开更多
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
During the Tang Dynasty,incarcerated prisoners enjoyed various rights during their detention,including access to clothing,food,medical care,hygiene,rest,and burial arrangements.Under specific conditions,prisoners were...During the Tang Dynasty,incarcerated prisoners enjoyed various rights during their detention,including access to clothing,food,medical care,hygiene,rest,and burial arrangements.Under specific conditions,prisoners were even granted leave for family events such as funerals or weddings.The Rules for Prison Officials(Yuguanling)detailed the rights and safeguards for prisoners and set clear guidelines on the use of restraints during detention.Additionally,the Statutes on Deciding Cases(Duanyu Lü)outlined explicit penalties for judicial officials who failed to ensure prisoner rights or committed related violations.Interrogation processes adhered to strict procedural and substantive requirements,including direct questioning by judges,the avoidance of cases involving personal connections or conflicts of interest,evidence-based cross-examinations,careful investigation of circumstances,and consistent rulings across similar cases.The Tang legal code imposed comprehensive,detailed,and stringent limits on the application of coercive interrogations,specifying restrictions on tools,methods,subjects,and extent.Any breaches of these restrictions were met with severe punishments.While the concept of“human rights”did not appear in Tang legal and administrative texts,these laws and regulations embody abundant principles of people-centered governance,benevolence,and human rights concepts.Systematic examination of these ideas,values,and principles—when integrated with the Marxist perspective on human rights—can enrich China’s contemporary human rights practice,contribute to articulating China’s unique narrative on human rights,and play a role in constructing a distinctly Chinese discourse on human rights.Such efforts could provide Chinese wisdom and proposals for the advancement of human rights globally.展开更多
Human rights education in primary and secondary schools is the initial and crucial phase of human rights education.Based on the normative documents formulated by the United Nations for human rights education during th...Human rights education in primary and secondary schools is the initial and crucial phase of human rights education.Based on the normative documents formulated by the United Nations for human rights education during this phase,this paper constructs the United Nations standards for human rights education in primary and secondary schools,which include four major aspects:educational content,educational methods,reference mechanisms,and human rights concepts.They correspond respectively to the core connotations,practical pathways,institutional protections,and spiritual pursuits of human rights education in primary and secondary schools.On the basis of critically reflecting on these standards,and in reference to the United Nations standards and in accordance with China’s actual conditions,this paper proposes the“Chinese Approach”for human rights education in primary and secondary schools:first,in terms of legislation,clear legal basis should be provided;second,in terms of administration,clear goals and action guidelines should be provided;third,in terms of resource guarantee,sufficient resource support should be provided;fourth,in terms of curriculum design,it should be suitable for Chinese primary and secondary school students;fifth,in terms of evaluation mechanism,a variety of evaluation mechanisms should be constructed.展开更多
Within the context of building a community for the Chinese nation,fine traditional Chinese culture has emerged as a core competitiveness in advancing the Chinese path to modernization.However,the current absence of a ...Within the context of building a community for the Chinese nation,fine traditional Chinese culture has emerged as a core competitiveness in advancing the Chinese path to modernization.However,the current absence of a benefit-sharing mechanism for this culture,and its systemic incompatibility with the Western-dominated intellectual property system,are detrimental to building a community for the Chinese nation.Exploration reveals that,based on the Marxist labor theory of value,fine traditional Chinese culture can be justified as property;and based on Locke's labor theory of property,it should be accorded property rights.Thus,fine traditional Chinese culture can be included as the subject matter of property rights.Protecting fine traditional Chinese culture aligns with the original purpose of the intellectual property(IP)system,which should not be confined to safeguarding"knowledge innovation"but should also emphasize"knowledge transmission."Expanding the IP system to protect fine traditional Chinese culture is conducive to China's engagement in the global intellectual property landscape.A new form of intellectual property—traditional cultural property rights—should therefore be created.Traditional cultural property rights refer to the direct and exclusive rights held by rights holders,defined as the communities in specific regions,over specific traditional cultural expressions according to law.The protectable subject matter would encompass cultural traditions characterized by their intergenerational continuity,communal identity,and intrinsic value.The scope of these rights would include control over use,authorization of use,and the right to benefit from such use.The construction of a protection system for traditional cultural property rights should establish the principles of perpetual protection,collective protection,and regional protection.展开更多
The United Nations(UN)has always been a proactive promoter of mainstreaming human rights,while the Charter of the United Nations is the cornerstone and starting point for this endeavor.The mainstreaming of human right...The United Nations(UN)has always been a proactive promoter of mainstreaming human rights,while the Charter of the United Nations is the cornerstone and starting point for this endeavor.The mainstreaming of human rights is a principle and direction of UN reform,as the UN has promoted it through human rights institutions reform and institutional building.Reviewing the UN’s many years of practice in promoting the mainstreaming of human rights,it is evident that its various departments and agencies have formed a united front already,which is specifically manifested in the following ways:The UN Secretary-General puts forward reform plans to promote the mainstreaming of human rights and issues relevant initiatives and calls to action;the mechanism of mainstreaming of human rights provides institutional and financial support;the UN Development Group(later renamed the UN Sustainable Development Group)is the main platform for the UN to promote the mainstreaming of human rights;the Office of the High Commissioner for Human Rights and the Human Rights Council are the main implementing bodies for the UN to promote the mainstreaming of human rights;and other UN agencies actively respond to and implement the requirements of the mainstreaming of human rights in their respective areas of work.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
Xi Jinping,general secretary of the Communist Party of China(CPC)Central Committee,stressed that we should adhere to the“two integrations”(namely,integrating the basic tenets of Marxism with China’s specific realit...Xi Jinping,general secretary of the Communist Party of China(CPC)Central Committee,stressed that we should adhere to the“two integrations”(namely,integrating the basic tenets of Marxism with China’s specific realities and fine traditional culture),root ourselves in Chinese soil,carry forward the Chinese cultural heritage,and strengthen the academic foundation.We should accelerate the building of an independent knowledge system for Chinese philosophy and social sciences,and formulate original concepts and develop systems of academic discipline,research and discourse,drawing on China’s rich experience of advancing human rights.In the face of changes of a magnitude not seen in a century,in the historic process of advancing the great rejuvenation of the Chinese nation on all fronts through Chinese modernization,we should and must strengthen our theoretical self-consciousness and confidence in the path of Chinese modernization.We need to enhance human rights research,develop the human rights theoretical system and paradigm that are based on Chinese realities and express Chinese voice,and an independent Chinese knowledge system for human rights.展开更多
基金research result of the Chongqing Social Science Fund Project,entitled Legal Pathways for the Governance Optimization of Financial Holding Companies(No.21SKJD036).
文摘I.INTRODUCTION Against the backdrop of profound transformations in the global energy landscape,China,as the world's largest energy producer and consumer,faces multiple challenges,including energy security,energy transition,and sustainable development.To address these challenges,the Chinese government has formulated a strategic plan to build a unified national energy market and create a new framework for the energy sector.Article 42 of the Energy Law of the People's Republic of China(hereinafter referred to as the Energy Law)explicitly requires the building of a unified national energy trading market and the improvement of transaction mechanisms and rules.
基金the National Social Science Fund Major Project“Research on the Background of the Formation,Logical Structure,and Value Orientation of the Chinese Human Rights Knowledge System”(Project Approval Number 24&ZD129)the National Social Science Fund Major Project“Research on General Secretary Xi Jinping’s Important Discourses on Respecting and Protecting Human Rights”(Project Approval Number 22&ZD004).
文摘As a public policy,the Human Rights Action Plan of China provides a clear roadmap for achieving the phased goals of human rights education development.The evolution of human rights education policies over the four editions demonstrates a clear and distinct logic of progression:human rights education in primary and secondary schools has shifted from fostering students’awareness of human rights to establishing human rights values;human rights education in higher education has transitioned from the construction of single human rights course to the systematic development of human rights disciplines;human rights knowledge training has evolved from disseminating basic human rights knowledge among legal and political workers to cultivating a human rights mindset among public officials;and the popularization of human rights knowledge has moved from enhancing communication effectiveness to strengthening cultural confidence in human rights.These shifts reflect the characteristics of the policy evolution of human rights education,which are unified in their gradual and continuous nature,responsiveness and forward-looking nature,and value-oriented and contemporary nature.Fundamentally,the gap between the current state of human rights education development and policy goals serves as the intrinsic driving force for the evolution of human rights education policies.While the external factors influencing the evolution of policy content mainly include the human rights cause’s contemporary context,historical achievements,and current needs.Looking ahead to the future development of human rights education,it is essential to continuously innovate human rights teaching methods,enrich the content of human rights education,improve relevant institutional guarantee mechanisms,strengthen the construction of multi-stakeholder collaborative human rights education teams,compile and publish high-quality human rights textbooks,and increase the intensity of human rights knowledge training for journalists,in order to create a favorable public opinion atmosphere and cultural environment for the development of China’s human rights cause in the new era.
基金a phased result funded by the Special Funds for Basic Scientific Research Expenses of Universities under the Central Government(24CXTD01).
文摘In 2024,China’s human rights research has assumed a distinct“autonomy-oriented shift,”with scholars beginning to refine and construct uniquely Chinese and locally identifiable human rights concepts,categories,and discourses.Building an independent human rights knowledge system has become a core academic focus in China’s human rights research field.Upholding fundamental principles and breaking new ground are the key methodological principles for the process.China’s human rights research should be rooted in the“cultural lineage”by preserving the essence of fine traditional Chinese culture,guided by the“moral lineage”by adhering to the Marxist view on human rights,and anchored in the“Four-sphere Confidence”by upholding a distinct human rights development path,so as to define the historical coordinates and value stance of China’s independent human rights knowledge system.Meanwhile,it should maintain a high degree of openness in knowledge,theory,and methodology to address emerging rights demands and contribute to building a new global human rights governance order,so as to underscore the mission of China’s independent human rights knowledge system in the contemporary era and China’s responsibility as a major global actor.China’s human rights research should uphold the dialectical unity between the fundamental principles and innovations,and advance the systemic and theoretical interpretation of its independent human rights knowledge.
基金This paper is a phased achievement of the Major Philosophy and Social Sciences Project of the Ministry of Education,titled“Research on General Secretary Xi Jinping’s Important Discourse on Respecting and Protecting Human Rights”(Project Number 22JZD002).
文摘At the 2024 China-Europe Seminar on Human Rights,over 60 experts and scholars from 16 countries gathered to discuss“Safeguarding Emerging Rights:Perspectives from China and Europe.”The seminar highlighted that the global new round of technological revolution and industrial transformation,along with changes in production methods and social structures,as well as the rising awareness of human rights,have led to the emergence of many new rights.At the same time,these developments have also given traditional human rights new digital forms.The constant emergence of new rights concepts poses challenges to the traditional human rights theoretical framework and has sparked numerous debates within the international community regarding human rights theory and practice.On issues like economic equality and social rights,particularly emerging rights topics such as climate and human rights and digital human rights,countries should focus on balancing the relationship between individuals,society,and nature and seek a path for the sustainable existence and development of humanity.The core principle for protecting emerging rights should be“humanity first,”and true multilateralism should be embraced to prevent imbalances in the global governance of emerging rights.Open and fair cooperation should help build consensus and provide solutions for the global protection of emerging rights.
文摘Protecting human rights is a noble ideal enshrined in the Universal Declaration of Human Rights.For an extended period,the United States has positioned itself as a"defender"of this cause,politicizing,weaponizing,and instrumentalizing human rights issues to criticize and discredit other countries.
基金the Ministry of Education’s Major Special Project for Philosophical and Social Science Research,“A Study on the Conceptual System of China’s Independent Legal Knowledge System”(Project Number 2023JZDZ014)the Ministry of Education’s Humanities and Social Science Research Planning Fund Project,“A Study on the Improvement of the Villager Self-Governance System in the Context of Land Circulation”(Project Number 19YJA820027).
文摘The incorporation of human rights clauses into the constitution has propelled the innovation of fundamental rights hermeneutics in terms of the subjects of the legal relationships of fundamental rights,the nature of fundamental rights,the forms of state obligations,the scope of fundamental rights,among other aspects.Regarding the subjects of the legal relationships of fundamental rights,human rights clauses have expanded the subjects of fundamental rights from citizens to natural persons.They have also narrowed down the duty-bearing subjects directed by fundamental rights in clauses that do not define duty-bearing subjects from all entities to state public power.Additionally,in fundamental rights clauses that stipulate private entities as duty-bearing subjects,the duty-bearing subjects have been narrowed down from all private entities to social public power entities.In terms of the nature of fundamental rights,human rights clauses have endowed each specific basic right with dual characteristics of the right to respect and the right to protection.Regarding the forms of state obligations,human rights clauses have established the state obligations corresponding to each specific basic right as obligations to respect and to protect.In terms of the scope of fundamental rights,human rights clauses do not have the function of independently justifying unenumerated fundamental rights,but they can assist other clauses in justifying unenumerated fundamental rights,thereby expanding the scope of fundamental rights to a limited extent.
基金This paper is a phased achievement of the Major Project of the Key Research Base for Humanities and Social Sciences of the Ministry of Education in 2024,titled“Theoretical Legal Studies in the Field of Human Rights”(Project Approval Number 24JJD820002).
文摘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.
文摘Abu Dhabi’s projects adopt a four-tier and bottom-up governance and control mode for shareholder rights exercise.Every major decision of the operating company is subject to tiered discussions at shareholder meetings,totaling over 600 such meetings annually.Decisions are initially made at professional technical workshops,then communicated to subcommittee meetings,and subsequently to asset group meetings,undergoing tiered approval until final ratification by the board of directors.
文摘During the 6Oth session of the UN Human Rights Council,the China NGO Network for International Exchanges(CNIE),China Ethnic Minorities Association for External Exchanges,Universal Rights Group,and organisations from China and abroad.
基金the Major Project of the National Social Science Fund of China,entitled“Research on the Generative Context,Construction Logic,and Value Orientation of China’s Human Rights Knowledge System”(Project Approval Number 24&ZD129).
文摘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.
基金a research result of the“Research on Li Dazhao’s Legal Thoughts,”a general project of the Li Dazhao Research Association of China in 2022(Project Number 2022YBXM01).
文摘Li Dazhao dedicated his whole life to advocating for legal rights,and his human rights theory and practice unfolded in the context of the International Labour Organization and the League of Nations from 1919 to 1920.His human rights activities encompassed both theoretical exploration and practical participation.In his early political commentary,Li Dazhao extensively discussed civil and political rights.Such terms as constitutionalism,democracy,freedom,separation of powers,political parties,speech,equality,elections,and political participation frequently appeared in his writings and were incorporated into his constitutional studies.After embracing Marxism,he paid greater attention to women’s political participation,labor movements,labor-capital relations,and labor legislation,actively supporting their rights movements.National self-determination was also a significant component of his human rights theory and practice.He focused on national issues,explored comparative studies of Chinese and Western cultures,and advocated for the right to national self-determination.
文摘Environmental rights are an important part of General Secretary Xi Jinping’s important discourses on respecting and protecting human rights.Soft law has played a significant role in the integrated development of the theories of environmental rights and human rights.At the practical level,the soft law cooperation documents of the Belt and Road Initiative(BRI)have established general principles for the protection of environmental rights,policies for addressing climate change,standards for green investment and financing,and obligations for multinational corporations to protect the environment,making a contribution to the development and protection of environmental rights.In the future process of global environmental governance,it is necessary to start with the BRI’s soft law documents to further clarify the specific protection standards for environmental rights and promote the transformation of soft law into binding bilateral or multilateral agreements at the international level.In addition,it is essential to urge governments and enterprises to fulfill their due diligence obligations for environmental protection and strengthen information disclosure by emphasizing public interest responsibilities.Efforts should also be made to improve the environmental compliance systems of“going global”enterprises and enhance government supervision over corporate accountability for environmental rights.A corporate environmental protection accountability mechanism should be established,so as to actively promote global environmental governance in a more just and reasonable direction.
基金This paper is a phased outcome of the“Research on the Strategy to Improve the Mechanism for the International Dissemination of China’s Human Rights Discourse”(22JJD820045),a key research project of the National Human Rights Education and Training Base under China’s Ministry of Education.
文摘The current international dissemination of China’s human rights discourse predominantly adopts a“sender-oriented”model,emphasizing the output of human rights discourse by transmitters while overlooking strategy adjustments based on audience feedback.To some extent,the current approach has resulted in characteristics such as strong practical implementation but weak discourse,limited theoretical foundation,and insufficient recognition in China’s international human rights communication.Consequently,while China has achieved remarkable progress in its human rights endeavors,human rights issues remain a critical area of stigmatization by some Western countries.An“effect-oriented”mechanism for the international dissemination of China’s human rights discourse,therefore,aims to address this challenge by re-centering the audience as active participants in the communication process.By emphasizing the dual nature of human rights’international communication,this approach leverages the reflexive monitoring of initial transmitters throughout the dissemination process to finally construct a dynamic human rights discourse framework responsive to different time and space contexts.This mechanism directly confronts the diverse backgrounds of global audiences and the resulting varied interpretations of China’s human rights discourse.It advocates for dynamic evaluation of global dissemination outcomes based on audience feedback and the timely adaptation of communication strategies according to context.By doing so,it seeks to effectively advance China’s human rights communication efforts and enhance dissemination efficiency on the global scale.
文摘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.
基金This article is an interim achievement of the National Social Science Fund Major Project“Classification,System Construction,and Database Building of Legislative Language of Qin-Han to Tang Dynasty”(Project Approval Number 21&ZD197).
文摘During the Tang Dynasty,incarcerated prisoners enjoyed various rights during their detention,including access to clothing,food,medical care,hygiene,rest,and burial arrangements.Under specific conditions,prisoners were even granted leave for family events such as funerals or weddings.The Rules for Prison Officials(Yuguanling)detailed the rights and safeguards for prisoners and set clear guidelines on the use of restraints during detention.Additionally,the Statutes on Deciding Cases(Duanyu Lü)outlined explicit penalties for judicial officials who failed to ensure prisoner rights or committed related violations.Interrogation processes adhered to strict procedural and substantive requirements,including direct questioning by judges,the avoidance of cases involving personal connections or conflicts of interest,evidence-based cross-examinations,careful investigation of circumstances,and consistent rulings across similar cases.The Tang legal code imposed comprehensive,detailed,and stringent limits on the application of coercive interrogations,specifying restrictions on tools,methods,subjects,and extent.Any breaches of these restrictions were met with severe punishments.While the concept of“human rights”did not appear in Tang legal and administrative texts,these laws and regulations embody abundant principles of people-centered governance,benevolence,and human rights concepts.Systematic examination of these ideas,values,and principles—when integrated with the Marxist perspective on human rights—can enrich China’s contemporary human rights practice,contribute to articulating China’s unique narrative on human rights,and play a role in constructing a distinctly Chinese discourse on human rights.Such efforts could provide Chinese wisdom and proposals for the advancement of human rights globally.
基金“Research on Human Rights Education in Schools in China,”a major project(Project Number 16JJD820029)funded by the National Human Rights Education and Training Base of the Ministry of Education of China.
文摘Human rights education in primary and secondary schools is the initial and crucial phase of human rights education.Based on the normative documents formulated by the United Nations for human rights education during this phase,this paper constructs the United Nations standards for human rights education in primary and secondary schools,which include four major aspects:educational content,educational methods,reference mechanisms,and human rights concepts.They correspond respectively to the core connotations,practical pathways,institutional protections,and spiritual pursuits of human rights education in primary and secondary schools.On the basis of critically reflecting on these standards,and in reference to the United Nations standards and in accordance with China’s actual conditions,this paper proposes the“Chinese Approach”for human rights education in primary and secondary schools:first,in terms of legislation,clear legal basis should be provided;second,in terms of administration,clear goals and action guidelines should be provided;third,in terms of resource guarantee,sufficient resource support should be provided;fourth,in terms of curriculum design,it should be suitable for Chinese primary and secondary school students;fifth,in terms of evaluation mechanism,a variety of evaluation mechanisms should be constructed.
文摘Within the context of building a community for the Chinese nation,fine traditional Chinese culture has emerged as a core competitiveness in advancing the Chinese path to modernization.However,the current absence of a benefit-sharing mechanism for this culture,and its systemic incompatibility with the Western-dominated intellectual property system,are detrimental to building a community for the Chinese nation.Exploration reveals that,based on the Marxist labor theory of value,fine traditional Chinese culture can be justified as property;and based on Locke's labor theory of property,it should be accorded property rights.Thus,fine traditional Chinese culture can be included as the subject matter of property rights.Protecting fine traditional Chinese culture aligns with the original purpose of the intellectual property(IP)system,which should not be confined to safeguarding"knowledge innovation"but should also emphasize"knowledge transmission."Expanding the IP system to protect fine traditional Chinese culture is conducive to China's engagement in the global intellectual property landscape.A new form of intellectual property—traditional cultural property rights—should therefore be created.Traditional cultural property rights refer to the direct and exclusive rights held by rights holders,defined as the communities in specific regions,over specific traditional cultural expressions according to law.The protectable subject matter would encompass cultural traditions characterized by their intergenerational continuity,communal identity,and intrinsic value.The scope of these rights would include control over use,authorization of use,and the right to benefit from such use.The construction of a protection system for traditional cultural property rights should establish the principles of perpetual protection,collective protection,and regional protection.
文摘The United Nations(UN)has always been a proactive promoter of mainstreaming human rights,while the Charter of the United Nations is the cornerstone and starting point for this endeavor.The mainstreaming of human rights is a principle and direction of UN reform,as the UN has promoted it through human rights institutions reform and institutional building.Reviewing the UN’s many years of practice in promoting the mainstreaming of human rights,it is evident that its various departments and agencies have formed a united front already,which is specifically manifested in the following ways:The UN Secretary-General puts forward reform plans to promote the mainstreaming of human rights and issues relevant initiatives and calls to action;the mechanism of mainstreaming of human rights provides institutional and financial support;the UN Development Group(later renamed the UN Sustainable Development Group)is the main platform for the UN to promote the mainstreaming of human rights;the Office of the High Commissioner for Human Rights and the Human Rights Council are the main implementing bodies for the UN to promote the mainstreaming of human rights;and other UN agencies actively respond to and implement the requirements of the mainstreaming of human rights in their respective areas of work.
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.
文摘Xi Jinping,general secretary of the Communist Party of China(CPC)Central Committee,stressed that we should adhere to the“two integrations”(namely,integrating the basic tenets of Marxism with China’s specific realities and fine traditional culture),root ourselves in Chinese soil,carry forward the Chinese cultural heritage,and strengthen the academic foundation.We should accelerate the building of an independent knowledge system for Chinese philosophy and social sciences,and formulate original concepts and develop systems of academic discipline,research and discourse,drawing on China’s rich experience of advancing human rights.In the face of changes of a magnitude not seen in a century,in the historic process of advancing the great rejuvenation of the Chinese nation on all fronts through Chinese modernization,we should and must strengthen our theoretical self-consciousness and confidence in the path of Chinese modernization.We need to enhance human rights research,develop the human rights theoretical system and paradigm that are based on Chinese realities and express Chinese voice,and an independent Chinese knowledge system for human rights.
