The pragmatist view of human rights represents a the-oretical condensation of the Chinese practice in human rights devel-opment.In view of the problem of circular idling between rights and claims caused by the traditi...The pragmatist view of human rights represents a the-oretical condensation of the Chinese practice in human rights devel-opment.In view of the problem of circular idling between rights and claims caused by the traditional view of human rights of focusing on contents and not valuing implementation,social segmentation caused by empty talks on interests and claims while ignoring social develop-ment,and the phenomenon of the issue of human rights completely becoming empty and useless political rhetoric,the pragmatic view of human rights,based on the fact that there is a gap between the claims and realization of human rights,emphasizes that instead of blindly ex-panding the types of rights in term of text,it is better to base on prac-tice and promote the maximum realization of existing rights through development.The pragmatist view of human rights attaches impor-tance to relevant economic,social and cultural basis to promote the realization of human rights,rather than only focusing on the claims themselves;it pays greater attention to enhancing the realization of rights,rather than the distribution of rights under the total limit;it ad-vocates more for cooperativism in the realization of rights,rather than confrontation.The pragmatic concept of human rights takes Marxism as its theoretical basis and the gene of practice and the dimension of development as its theoretical characteristics,and promotes the devel-opment of human rights through the realization of rights.展开更多
The establishment of a sound science and technology ethics governance system is an inevitable requirement for national modernization.Faced with the development of human gene technology and the chaos in research activi...The establishment of a sound science and technology ethics governance system is an inevitable requirement for national modernization.Faced with the development of human gene technology and the chaos in research activities,the ethical standards and legal positioning of human gene research activities urgently need to be clarified.The human rights ethics view has value inclusiveness and value fundamentality,and includes three levels of connotations:content dimension,relationship dimension,and obligation dimension.It should serve as the ethical standard for human gene research activities.Based on the provisions of China’s Constitution,the human rights ethics view on human gene research,as a constitutional ethics view,can elucidate different levels of rights content,such as human dignity,life and health,and research freedom.It also addresses the weighing of basic rights conflicts and the dual obligation subjects of public and private nature.Relying on the constitutional value embedding of the research ethics view to form ethical consensus,improving ethical review through framework legislation for human rights interests,and implementing ethical responsibility through the human rights-oriented interpretation of ethical legal norms are the three pathways to realizing the human rights ethics view on human gene research.展开更多
Interpreting the Universal Declaration of Human Rights from political,juridical and philosophical perspectives is es-sential for promoting the guiding principles of the Declaration,build-ing consensus on human rights,...Interpreting the Universal Declaration of Human Rights from political,juridical and philosophical perspectives is es-sential for promoting the guiding principles of the Declaration,build-ing consensus on human rights,and advancing human rights practice in the new historical context.To conduct an academic,systematic in-terpretation of the Declaration that conforms to the trends of the times and answers the fundamental questions of the world,it is necessary to find a new research paradigm.The common values of humanity,namely peace,development,equity,justice,democracy and freedom,put forward by Xi Jinping,general secretary of the Communist Party of China(CPC)Central Committee,provide the most explanatory and penetrating scientific paradigm for reaching the issue.This paper an-alyzes and reflects on the views,value foundation and principled(con-tractual)consensus of human rights in the Declaration,and narrates and foresees the far-reaching significance of the three global initia-tives(namely,the Global Development Initiative,the Global Security Initiative,and the Global Civilization Initiative)with the common val-ues of humanity as the soul in advancing the modernization of global human rights governance and building a new form of human rights civilization.展开更多
The practice of international human rights has led to the development of the political notion of human rights in contemporary times and triggered the theoretical reflection on"what are human rights"The natur...The practice of international human rights has led to the development of the political notion of human rights in contemporary times and triggered the theoretical reflection on"what are human rights"The natural rights view,which is based on human nature,regards human rights as universal moral rights owned by everyone against all others.holding a different perspective from the natural rights view,Raz,the representative of the political notion of human rights,bases his view on the political function of human rights in restricting national sovereignty in international practice and defines human rights as the legal rights enjoyed by everyone against the country since the end of the World War ii,which should be enforced by fair and reliable international institutions.Unavoidably,Raz’s concept of human rights has been subject to questioning and criticism by natural right theorists.The controversy around Raz’s concept of human rights shows that:on one hand,the Western academic circle has not readied a basic consensus on the understanding of human rights based on international human rights practice;on the other hand,it deeply reveals the theoretical need for the international community to reach a basic consensus on international human rights practice in the historical context of the changing international legal order.展开更多
基金the National Social Science Fund project“Basic Theoretical Research on Law Science”(22CFX002).
文摘The pragmatist view of human rights represents a the-oretical condensation of the Chinese practice in human rights devel-opment.In view of the problem of circular idling between rights and claims caused by the traditional view of human rights of focusing on contents and not valuing implementation,social segmentation caused by empty talks on interests and claims while ignoring social develop-ment,and the phenomenon of the issue of human rights completely becoming empty and useless political rhetoric,the pragmatic view of human rights,based on the fact that there is a gap between the claims and realization of human rights,emphasizes that instead of blindly ex-panding the types of rights in term of text,it is better to base on prac-tice and promote the maximum realization of existing rights through development.The pragmatist view of human rights attaches impor-tance to relevant economic,social and cultural basis to promote the realization of human rights,rather than only focusing on the claims themselves;it pays greater attention to enhancing the realization of rights,rather than the distribution of rights under the total limit;it ad-vocates more for cooperativism in the realization of rights,rather than confrontation.The pragmatic concept of human rights takes Marxism as its theoretical basis and the gene of practice and the dimension of development as its theoretical characteristics,and promotes the devel-opment of human rights through the realization of rights.
基金This paper is an interim result of“Constitutional Boundaries of the Application of Human Gene Editing Technology,”a Youth Project of the National Social Science Fund of China(Project Approval Number 23CFX040)supported by the“National Funded Programs for Postdoctoral Researchers”(GZC20230937).
文摘The establishment of a sound science and technology ethics governance system is an inevitable requirement for national modernization.Faced with the development of human gene technology and the chaos in research activities,the ethical standards and legal positioning of human gene research activities urgently need to be clarified.The human rights ethics view has value inclusiveness and value fundamentality,and includes three levels of connotations:content dimension,relationship dimension,and obligation dimension.It should serve as the ethical standard for human gene research activities.Based on the provisions of China’s Constitution,the human rights ethics view on human gene research,as a constitutional ethics view,can elucidate different levels of rights content,such as human dignity,life and health,and research freedom.It also addresses the weighing of basic rights conflicts and the dual obligation subjects of public and private nature.Relying on the constitutional value embedding of the research ethics view to form ethical consensus,improving ethical review through framework legislation for human rights interests,and implementing ethical responsibility through the human rights-oriented interpretation of ethical legal norms are the three pathways to realizing the human rights ethics view on human gene research.
基金the major special project of the Ministry of Education for Philosophy and Social Science Research,“Research on the Basic Theory and Core Essence of Xi Jinping Thought on the Rule of Law”(Project Approv-al Number 2022JZDZ001).
文摘Interpreting the Universal Declaration of Human Rights from political,juridical and philosophical perspectives is es-sential for promoting the guiding principles of the Declaration,build-ing consensus on human rights,and advancing human rights practice in the new historical context.To conduct an academic,systematic in-terpretation of the Declaration that conforms to the trends of the times and answers the fundamental questions of the world,it is necessary to find a new research paradigm.The common values of humanity,namely peace,development,equity,justice,democracy and freedom,put forward by Xi Jinping,general secretary of the Communist Party of China(CPC)Central Committee,provide the most explanatory and penetrating scientific paradigm for reaching the issue.This paper an-alyzes and reflects on the views,value foundation and principled(con-tractual)consensus of human rights in the Declaration,and narrates and foresees the far-reaching significance of the three global initia-tives(namely,the Global Development Initiative,the Global Security Initiative,and the Global Civilization Initiative)with the common val-ues of humanity as the soul in advancing the modernization of global human rights governance and building a new form of human rights civilization.
基金a phased result project of the China Society for Human Rights Studies(CSHRS)’s Studies on Political Human Rights Theory in the Contemporary West(Project No.CSHRS2020-03ZD)National Social Science Fund of China’s Research on the Judicial Interpretation of Human Rights in Contemporary China(Project No.:16BFX023)
文摘The practice of international human rights has led to the development of the political notion of human rights in contemporary times and triggered the theoretical reflection on"what are human rights"The natural rights view,which is based on human nature,regards human rights as universal moral rights owned by everyone against all others.holding a different perspective from the natural rights view,Raz,the representative of the political notion of human rights,bases his view on the political function of human rights in restricting national sovereignty in international practice and defines human rights as the legal rights enjoyed by everyone against the country since the end of the World War ii,which should be enforced by fair and reliable international institutions.Unavoidably,Raz’s concept of human rights has been subject to questioning and criticism by natural right theorists.The controversy around Raz’s concept of human rights shows that:on one hand,the Western academic circle has not readied a basic consensus on the understanding of human rights based on international human rights practice;on the other hand,it deeply reveals the theoretical need for the international community to reach a basic consensus on international human rights practice in the historical context of the changing international legal order.
