Prevention of Violent Extremism and Human Rights Protection

In the context of globalization, violent extremist forces pose a serious threat to the fundamental human rights of the people all over the world. Strengthening human rights protection requires reinforcing the momentum to crack down and prevent the violent acts of extremist forces. As one of the countries that is the victim of violence by extremists, China has taken a series of measures to tackle the challenges of violent extremism. As President Xi Jinping has pointed out, "the realization of the full enjoyment of human rights by human beings is the common goal of human society." While establishing a community of common destiny for all mankind, the international community should take action to effectively address the root causes of violent extremism, maintain a peaceful and secure development environment, and defend the basic human rights and well-being of all peoples, so as to ensure a safe and brighter future for all.     

On the Relations Between National Security and Human Rights Defined in the Constitution of the People's Republic of China

Counterterrorism, de-radicalization and anti-violence are the major tasks of the international community.As the arch enemy of human rights, terrorism destroys the constitutional order and endangers people's lives, freedom and safety.It is the obligation of modern countries and the core value of legal states to safeguard human rights.Human rights should be effectively safeguarded under the premise of building a sound constitutional order and national security.public order and social stability foster a sound environment for the protection of human rights.In the face of terrorism's severe threat to human rights, all countries are re-examining the order of human rights values and seeking mechanisms and procedures to balance National Security and Human Rights through their constitutions.The concepts of human rights and social order and the ways to explain the two are different due to different constitutional systems and cultural and religious traditions.However, they do have something in common, that is, counterterrorism and de-radicalization do not conflict with human rights protection.Efforts should be made to foster a view of human rights based on security and a view of security based on human rights, and a dynamic principle of proportionality established for counterterrorism and human rights protection, so endowing the traditional principle of proportionality with flexible, rich value connotation.     

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.     

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.     

Opportunities and Challenges for the Human Rights Development of Southern Countries in the Belt and Road Initiative

Human rights are of great concern to the international community, as they focus on the survival of all people and people's right to development. The right to life is a prerequisite for the right to development. For countries of the Global South, the right to life is fundamental to development. Thus the Belt and Road Initiative put forward by the Chinese government in 2013 presents opportunities for the human rights development of Global South countries. However, several factors such as the large poverty-stricken populations, economic backwardness, and the cultural difference present challenges to the promotion of human rights ideology and culture. South-South Countries should strive to address this challenge by eliminating poverty, and strengthening communication and cooperation with developed countries promoting inter-cultural exchanges, and finally promoting South-South human rights development cooperation.     

Human Rights as Unique Rights——an analysis of Raz's Political Concept of human Rights

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.     

中国警察权益救济构筑探析

近年来,警察权益受侵害情况越来越严重,这对公安机关的正常运转带来巨大考验。公安机关应端正侵害警察权益案件的应对措施,在法律、管理、制度等方面维护公安民警的合法权益,明晰警察行为准则,完善警察权益救济措施,从而保障警察权益不受损害,提升警察执法自信。     

从全球反恐的视野审视建设中的沈阳地铁

随着经济建设的快速发展,我国现有30多个百万人口以上的大城市开始了地铁的前期工作,沈阳地铁1号线已于2005年11月正式破土动工。文章从全球反恐的视角分析指出,在恐怖主义日益猖獗的今天,城市地铁已经成为恐怖势力袭击的首选目标。因此,提出要站在全球反恐的高度,积极借鉴其他城市地铁的经验教训,规划、建设、管理高质量、高安全的地铁。     

Protection of Basic Human Rights in the Application of Big Data to Counter Terrorism

In the era of big data, the ways people work, live and think have changed dramatically, and the social governance system is also being restructured.Achieving intelligent social governance has now become a national strategy.The application of big data technology to counterterrorism efforts has become a powerful weapon for all countries.However, due to the uncertainty, difficulty of interpretation and potential risk of discrimination in big data technology and algorithm models, basic human rights, freedom and even ethics are likely to be impacted and challenged.As a result, there is an urgent need to prioritize basic human rights and regulate the application of big data for counter terrorism purposes.The legislation and law enforcement regarding the use of big data to counter terrorism must be subject to constitutional and other legal reviews, so as to strike a balance between safeguarding national security and protecting basic human rights .     

人权视角下罪犯劳动权的保障

劳动权与人们的生存和发展有关，属于基本人权的范畴，已经得到绝大多数国家宪法的确认。对于受拘禁的罪犯来说，劳动是对其实施矫正的基本手段，但劳动同样也应是罪犯享有的基本权利，应当得到平等的保障，而人权的视角无疑将会为罪犯劳动权的保障提供最充分的理由、最大化的内容和最完善的保障措施。因此，如何从人权视角对罪犯劳动权进行保障尤其重要。     

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.     

Promotion and Protection of Human Rights in the Discourse of Community with a Shared Future: China's Ideas and Experience

Countries in the world lack the ability to maintain internal independence and to cope with new external risks, sov ereign state relations based on respect for diversity are giving way to global solidarity. The concept of a community with a shared future for all mankind emphasizes relative independence along with the integration of human society and the joint liability of states. The basic principle is to recognize and respect diversity so as to maintain and enhance integration. In the discourse of a community with a shared future, we must look at human rights and the promotion and protection of human rights from a relational and symbiotic perspective. The concept of human rights is comprehensive, the universality of human rights does not mean the universality of human rights standards, and the global governance of human rights needs to strengthen both the internal c and external capacities and conditions of countries. In this regard, China's experience is to form a task-oriented target governance model, enhance the enforceability and evaluability of the legal protection of human rights, substantiate and operationalize human rights principles and proposals at all levels through efforts such as establishing mechanisms and initiating forums, and continue to implement and enhance the external cooperation mechanism. The vulnerability, diversity, and scarcity of individuals and human societies are the roots of the problems of global peace and security, and a community with a shared future is also a community of rights, obligations and responsibilities. Therefore, the promotion and protection of human rights is not a burden to be distributed, but a responsibility to be shared, a collective responsibility based on shared values.     

The Human Rights Dimension in Building a Community with a Shared Future for Mankind

A Community with a Shared Future for Mankind is China's proposition to establish a fair and equitable international order. Just as in any other community, a Community with a Shared Future needs common values to bring its members together. To build a new model of relations featuring win-win cooperation, a Community with a Shared Future should attach great importance to the overall interests of mankind and consider the protection of human dignity and human rights as the highest purpose and objective, ensuring that inevitably, human rights become its common values. On the other hand, to build a Community with a Shared Future, we should reconstruct the concept and system of human rights from the perspective of developing countries, instead of from the perspective of Western powers.     

A Pluralistic Approach to Human Rights in a Community of Shared Future for Mankind

"A community of shared destiny for all mankind" has its own inherent logic, structure and development path, and a pluralistic concept of human rights is a key factor to achieve its four core goals: equality, cooperation, security and inclusiveness. A pluralistic concept of human rights and the ideal of a community of shared future for all mankind overlap on certain values and interests, as well as power and cultural attributes. It means that a pluralistic approach to human rights is indispensable to the establishment of a community of shared future for all mankind. Meanwhile, this new view of human rights embodies mutual respect and support for the inherent inevitability among different countries, shared responsibility, and pursuit of common development.     

The Gist of the Marxist view on Human Rights

Marx and engels' great ideology contains rich thought on human rights. Based on the class structure and social development in their lifetimes, the two founders of Marxism profoundly revealed the essence of human rights. They revealed the historical process, class essence and hypocrisy of the bourgeois human rights, and expounded the important principle that human rights are always subject to economic and social development. The Marxist of human rights theory emphasizes that even in a capitalist society, the proletariat should not abandon its efforts to strive for human rights, and that the proletariat should use human rights well to improve their survival and development conditions as well as the advancement of the society as a whole. In the localization process of Marxism in China, the Marxist view on human rights has been further developed and innovated in China, and the socialist human rights theory with Chinese characteristics has been formed, which is used to guide the development of China's human rights cause.     

论我国残疾人受教育权的法律保障

受教育权是一项基本的人权,是每个公民都应该享有的基本权利。残疾人作为公民,其权利本应该受到法律保护。新中国成立以来,尤其是改革开放以后,我国特殊教育事业有了新的发展,残疾人群体受教育的权利进一步得到保障、素质进一步提高。但是,就我国目前的教育环境来看,残疾人受歧视和受教育＂边缘化＂的现象仍然很严重。残疾人是一个困难群体,需要我们特殊的关爱和支持。因此,残疾人受教育的权利必须从法律上给予保障和完善,从而在社会实践中给予很好地落实。     

China's Contributions to South-South Human Rights Governance: Concept and Practice——In the Vision of Global Human Rights Governance

Currently, human rights governance in Global South countries faces non-traditional human rights challenges in addition to the traditional ones. The view of human rights governance dominated by Western liberalism is already overstretched when facing the human rights governance dilemma of the less-developed countries. The proposal to build a community with a shared future for mankind as well as The Belt and Road have contributed new Chinese wisdom and action plans for South-South cooperation and global governance rights both theoretically and practically, which has important significance for easing the predicament of the human rights protection in the Global South.     

理性接受“死刑不引渡”

"死刑不引渡"原则随着人权观念的兴起和废除死刑的趋势而逐步为国际社会所认同,中国传统上一直回避这一原则,给司法实践带来一定障碍。我国应当理性地接受这一原则,并且对国内立法作出相应完善,以配合越来越频繁的国际司法协作。     

被追诉人合法权益保障的考察——从人权的角度

人权问题一直是国际社会关注的焦点,正慢慢渗透到社会的方方面面,保障人权已是大势所趋。我国也在为保护和发展人权做出各种努力:刑事诉讼法把人权保障作为直接目的之一,加强了对被追诉人的人权保障,我国的刑事诉讼制度得到一定程度的完善。然而,同其他国家的做法及联合国刑事司法准则的规定相比,我国对被追诉人的合法权益的保障仍存在一些明显的缺陷,需要进一步完善。     

The “Erga Omnes” of the Protection of Fundamental Human Rights and the “Complementary Protection” of Refugees Not Prescribed by the UN Convention Relating to the Status of Refugees

The United Nations Convention Relating to the Status of Refugees 1951 and its Protocol in 1967 set Four Essentials to limit the definition of "refugee". The concept of complementary protection emerged in academia and practice for those who, though they do not have the essentials,are in need of protection. Complementary protection is considered not only a moral obligation, but also a legal obligation. Although as the result of developing the principle of "non-refoulement" in international law, "complementary protection" should be limited when economic and social rights are concerned. The development of the non-refoulement principle and the emergence of "complementary protection" are based on the Erga Omnes of human rights. The International Court of Justice has restricted the emergence and evolvement of obligations Erga Omnes within the scope of obligations concerning fundamental and non-derogable human rights, and therefore,the application of "complementary protection" in protecting economic and social rights has been limited. Only when the unbalance of economic and social rights has been serious enough to impact other fundamental human rights will the obligation of "complementary protection" ensue.