Constitutional Environmental Rights: An Investigation and Analysis Based on Constitutional Texts of All Countries

Although the academic community still has some theoretical divergences on whether environmental rights should be a basic human right or a basic constitutional one, there are an increasing number of countries including this right in their constitution. Based on the constitutions in 193 countries, this paper aims to examine the fundamental situation of incorporating environmental rights into a constitution. It has been concluded that environmental protection as a right is written into a constitution in three aspects, namely, as a constitutional right, a civic duty, and a national policy, principle or social goal. Through summarizing these, this paper argues that including environmental rights in a country's constitution is the means by which all citizens shall enjoy a good, healthy, sustainable and harmonious environment suitable for their development, have timely and comprehensive access to reliable information about environment, participate in making public decisions related to the environment, and ask for legal remedies and compensation for any infringement on their environmental rights, or injury or damage to their environmental property. But even after environmental rights are incorporated into a constitution, there may be theoretical and practical difficulties in their implementation.     

Thoughts on the Protection of the Right to Health of Elderly Women from the Perspective of Human Rights

The right to health is an important right in the human rights system.The full realization of the right to health is particularly important for ensuring the dignity and senior years of older women.In the process of China's economic and social development,the protection of the right to health of older women faces certain dilemma.China has the duty and responsibility to respect,protect and realize the right to health of older women.The country should actively fulfill its obligations and make continuous efforts to improve the protection of the right to health of older women through various practical channels and effective methods.     

The Protection of the “Third Kind of Workers” in Gig Economy from the Perspective of Social Rights

Due to the new flexible employment mode of the gig economy,many workers in the gig economy cannot be classified according to the traditional dualistic division of labor relations and non-labor relations,and their rights are basically under no protection.As human beings making a living through their labor,the workers in the gig economy should be entitled to basic human rights,among which the most directly related is social rights.The concept and theoretical framework of "independent workers" put forward by American scholars is more conducive to the protection of their social rights.This theory not only has the legal basis of international law,but also conforms to the legislative purpose of striking a balance between the protection of workers and the sustainable development of the gig economy.It is also practical.Based on this theory,China's national conditions,and the core conventions of the International Labour Organization,we propose a new way to protect "the third kind of workers" in the gig economy.     

The Conflict and the Balance between the Right to Development and the Right to the Environment——Perspective and Reflection Based on China

The right to development and the right to the environment are both third generation rights, closely related to human development and world peace. For developing countries, there is a de facto conflict between the right to development and the right to the environment, which leads to serious consequences. To coordinate development and the environment, developing countries should shift their pattern of development, take the path of sustainable development and realize environmental protection and ecological balance while promoting economic growth.     

Mutual Promotion between the Chinese Dream and the Human Rights Protection in China

The Chinese Dream is not only the dream of rejuvenation of the Chinese nation,but also the dream of human rights of the Chinese people.To accurately understand the shared root and origin of the Chinese Dream and the protection of human rights in China,we must understand that the Chinese Dream provides new strategic guidance for the protection of human rights in China,and the protection of human rights in China is an important measure to promote the realization of the Chinese Dream.To realize the Chinese Dream in the new era,Chinass human rights protection must always be people-centered,and adhere to the resolution of the main social contradictions in the new era.On the basis of raising the awareness of the whole Party and society to respect and protect human rights,we should remove obstacles and barriers to human rights protection and promote the building of a community with a shared future for human beings.At the same time,the protection of human rights in China in the new era must be guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era.We must adhere to the path of human rights development with Chinese characteristics,and study and solve various practical problems of human rights protection in China in the course of upholding integrity and innovation,so as to promote the realization of the Chinese Dream.Upholding the leadership of the Communist Party of China is the fundamental guarantee for realizing the Chinese Dream and protecting human rights in China.We must unswervingly follow the CPC's lead and open up a new stage in the development of Chinas' human rights cause in the new era on the great journey to the Chinese Dream.     

The Environmental Human Rights under the Perspective of Basic Rights——An Analysis of the dilemma Facing the legalization of environmental Rights

Given the dilemma facing legalization on environmental rights, it is necessary to re-examine the nature and function of environmental human rights under the theoretical system of basic rights. Its justification approach follows a logical chain from a rights-based approach to basic rights. The difficulty in legalizing environmental rights reflects the disputes over the basis for environmental law. Reconstructing the right-based approach in environmental law can justify the rights-oriented path to the environmental rule of law. The basic rights system with human rights as the core can explain the constitutional environmental human rights. As the basic rights not enumerated in the Constitution, the environmental human rights have such functions as the right of self-defense, the right to benefit, and institutional, organizational and procedural guarantees due to its dual nature of subjective right and objective law.     

Forty Years' Construction of Rule of Law and the Legalization of Human Rights Protection in China

A market economy requires the individual rights of citizens be protected, and that the exercising of those rights be regulated, whose realization depends on the legalization of human rights protection On the one hand, individual rights must be protected by law On the other hand, a law-based society needs to be built so the boundaries of individual rights are clear, the exercising of those rights are regulated, conflicts between rights can be resolved through the courts, and the personal infringement of others' rights and the overall interests of the society is prohibited by law During the 40 years of China's ref orm and opening-up in China, the promotion of the legal protection of human rights mainly lies in three aspects: first, the important role of the rule of law plays in protecting human rights has been clarified; second, the four steps of the rule of law(scientific legislation, strict law enforcement, judicial justice and observance of the law by all Chinese citizens) have been strengthened to safeguard human rights fully and effectively; third, the Chinese human rights system under the rule of law has gradually been aligned with international norms.     

我国救助工作中社会权利的发展困境

公民权利是现代社会救助的源头和重要内容,无论是物质救助、精神救助还是能力救助,隐藏在其后的是公民权利意识的发展,救助的本质是保障救助对象的社会权利。我国社会救助工作实践中虽然从法律上和制度上对公民权利进行了规定,但实践中弱势群体尤其是救助对象的权利被合理或不合理"剥夺"形成权利贫困,要求以一种公权力为基础的主体来帮助权利主体自身权利的维护和实现。     

我国侦查讯问程序的特点及完善

人权保障与犯罪控制的价值冲突存在于整个刑事诉讼中。在犯罪控制过程中,侵犯人权的情况出现最多的是在侦查阶段,且突出表现在对犯罪嫌疑人的讯问方面,因此引起了理论界和社会对此的高度关注。如何构建一个法治化的侦查讯问程序,以更好地保障人权便成为我国刑事诉讼制度发展的中的一个重大问题。     

论电子商务中消费者权利体系的构造

电子商务发展过程中出现的种种损害消费者权益的情形给现行消费者权益保护的立法和实践带来了严重挑战。如何保护电子商务中的消费者合法权益,增强消费者信心,促进我国网络经济的健康发展,成为当前人们面临的迫切问题。因此,通过立法手段确保网络消费者与传统消费者享有同样的权益保障,构建一套完整的网络消费者的权利体系是网络经济时代人们面临的紧迫任务。     

Protecting the Rights of Disabled Persons——From the Perspective of Protecting Their Right to Development with Affirmative Action as the Core

Establishing and protecting the right to development of disabled persons is not only the important part of Xi Jinping's thought on human rights, but also a reflection of Marxism's idea of human rights and a requirement of the rule of law in China. It is necessary to promote the protection of the right to development of disabled persons in terms of affirmative action. The Chinese government's affirmative action requires structural characteristics, including providing the institutional basis for the affirmative action by constructing legal and non-legal institutions, providing an environment conducive for the affirmative action by shaping a more aware social ecology and providing valid guarantees for affirmative action by increasing the responsibility of local governments.     

论我国服刑人员未成年子女法律保护的不足与完善

"南京饿死女童事件"引发人们对我国服刑人员未成年子女权利保护法律制度的反思。服刑人员未成年子女作为特殊的弱势群体,不仅需要物质层面的救助,更需要法律制度给予的人权保障。服刑人员未成年子女权利保护法律制度应以"儿童利益最大原则"作为理论基础,架构国家监护机制,并借助于PPP模式来探寻应然的保护路径,以期使我国服刑人员未成年子女的权利得到有效保护。     

China's Criminal Law Reform from the Perspective of the International Covenant on Civil and Political Rights

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.     

落实民族区域自治法律变通补充权的法律保护研究

对法律法规进行变通或补充执行是民族区域自治立法权的重要内容,落实变通或补充法律的自治权对于实现民族区域自治权和民族自治地方建设全面和谐的小康社会具有重要保障作用.为了保障民族自治地方变通或补充法律法规自治权的有效行使,法律法规对其进行了专门保护.落实民族区域自治法律法规变通补充权取得了一些成绩,但也存在一些问题.为有效落实民族区域自治法律法规变通补充权,必须加强法律法规的多重保护.     

The New Contribution to the Important Discourse on Human Rights by General Secretary xi Jinping

Under the background of the fact that human rights protection has become an important part of the socialist construction with Chinese characteristics in the new era, and with the international background of the strengthened trend of mainstreaming of human rights, Xi Jinping's series of speeches and the 19 th CPC national Congress reports comprehensively explained the construction of human rights in China and the development of the international human rights. The important discourse on human rights by General Secretary Xi Jinping is people-centered: people's yearning for a better life is our goal and reveals the source of human rights. Chinese dream is a dream of the country, of the nation, and of everyone in China. The close integration of individual and collective human rights points out that the state and people are important parts of collective human rights and it is an effective response to the "human rights over sovereignty" of Western countries. That there are not the best human rights, but the better ones; fighting for human rights is not always done, but always doing scientifically reveals the operational form of human rights. The right of survival and development is the primary human right; to attach importance to the right of peace conforms to the reality of our country and it has the support of the vast number of developing countries. Building a community with a shared future for human beings is a new vision for the development of the international human rights. only when the perfection and implementation of Constitution and law are paid attention to, and the democratization and legalization of the international human rights cause are promoted, can the guarantee be provided for the realization of human rights. The important discourse on human rights by General Secretary Xi Jinping is guided by Marxism, carries the communist party member's original intention of serving people and is deeply rooted in the masses of the people. It inherits the theory of "benevolence" and "harmony" in Chinese culture,stands at the height of history and times, and points out the direction for the all-round development of Chinese people and the overall progress of society, and for the liberation of all mankind. This scientific theory is successfully guiding China's human rights construction constantly towards new achievements and has had a profound and extensive impact on the international human rights cause.     

How China Protects the Rights of Persons with Disabilities

China prioritizes the rights to survival and to development both in abstract terms and in practical terms in its human rights efforts. As early as the United Nations began to draft the Convention on the Rights of Persons with Disabilities, China maintained that the right to development should be part of human rights. In the implementation of the Convention, China focuses on the people's livelihood, passes laws and makes policies that protect disability rights, and even prioritizes the protection as part of its economic and social development initiatives, particularly poverty reduction and the effort to make China into a moderately prosperous society. In the international community, China advocates the inclusion of disability rights into international development agendas, and plays a leading role in the implementation of the United Nations' Transforming our World: The 2030 Agenda for Sustainable Development. China's unique way of protecting disability rights aptly demonstrates the country's efforts to realize the right to development for its people.     

警察执法权益保障机制研究

侵犯人民警察执法权益、暴力袭警、故意伤害民警的行为,不仅是对国家法律的公然藐视和对社会的敌视,也是破坏社会公共秩序,妨害国家机关对社会正常管理的行为。只有从法律法规体系上、保护措施上、自身素质上完善人民警察执法权益的保障机制,提高人民警察的执法水平和自我保护能力,才能有效维护民警的合法权益。     

论行政强制立法的意义

公民法人希望行政强制法能对行政强制权的行使进行有效的规范和限、制,从而最大限度地保障其合法权利;行政机关则认为行政强制法生效以后,实施行政强制就有了法律上的根据,就可以更好地保障行政权的行使。文中从《行政强制法》规范行政强制的设定和实施、保障和监督行政机关依法履行职责、维护公共利益和社会秩序、保护公民、法人和其他组织的合法权益等几方面阐述了行政强制立法的意义。     

Role of Rural Regulations in Environmental Protection and Green Development——Findings from Wendou Village in Guizhou Province

The widespread involvement in social action involving environmental protection, green development and sustainable development by means of people-oriented rural regulations in Wendou Village of Qiandongnan Miao and Dong Minority Autonomous Prefecture in Guizhou Province is quite unique and is in keeping with the basic spirit of the Declaration on the Right to Development.Wendou has long been known to cherish the tradition of making rural regulations to govern the village and protect the environment. In the entrance of Wendou, there is a stone stele called "Stele of Six Points for Prohibition" and another stele recording management of forestry resources set up twelve years later than the first one. These prohibitory regulations on the steles gradually became customary law in the form of rural regulations, which has had a significant role in environmental protection in Wendou Village. Adhering to those self-governing traditions, Wendou villagers enacted Villagers' s Self-governance Agreement in September 10 th of 2015, which stipulated the villagers' and the village committee's obligations in environmental protection both directly and indirectly.The green development mechanism and system set up in Wendou village would severely punish environmental destruction. Wendou's experiences show that rural regulations have a positive effect on environmental protection.     

论失业保险权利及其法律保护

失业保险权利是以宪法的规定为依据,以生存权和发展权为本源的一种法定权利,包括实体权和程序权两方面的内容。因此,失业保险权利的法律保护也包括实体上的保护和程序上的保护。