Influence of Karl Marx's Concept of Human Rights on Development of International Human Rights Discourse and Its Enlightenment Thereon

The controversy between Karl Marx's concept of human rights and the Western liberal concept of human rights has been a focus of the contest between Eastern and Western values for a long time.Based on historical materialism,Marxism exposes the incompleteness of the Western liberal concept of human rights in terms of human rights subjects,human rights objects and epistemology of human rights,and promotes gradual integration of norms of international human rights discourse,with international human rights instruments as a carrier,into pluralistic cultural perspectives.A review of such controversy and its influence on development of norms of international human rights discourse will be in the interest of China's objective response to Western export of human rights(democracy) discourse for the time being,and expanding space for discourse on human rights practice with Chinese characteristics.     

论民族、种族和宗教犯罪的立法完善——从国际人权公约角度看

民族、种族和宗教相互之间具有紧密联系,且对一个国家的和谐与稳定关系重大。我国加入或即将加入的国际人权公约对民族、种族和宗教相关的犯罪行为已经作出了明确规定,我国有必要以国际人权公约的规定为参照检视我国刑法在民族、种族和宗教犯罪上的规定,作出与我国实际相符合、也与国际人权公约相一致的修正。修改现有相关犯罪的构成条件,增加我国刑法没有规定但危害严重的民族、种族和宗教犯罪。     

Reform and Opening-up and China's Participation in International Human Rights Cooperation Process

The process of China's participation in international human rights cooperation is closely related to the process of reform and opening-up launched at the end of the 1970s, while participation in international human rights cooperation is based on the process of reform and opening-up. It is the fruit of the reform and opening-up policy and the emancipation of the mind for China to decide to participate in international human rights cooperation. Since then, along with the process, the process of China participating in international cooperation can be divided into four periods. The first established the multi-ministries cooperative group to do research on international human rights activities in 1980. The second, was the first white paper on human rights published by the government in 1991. The third was the incorporation of human rights in the Constitution in 2004, and the fourth been putting forward the idea "a community with shared future for human beings" in 2013. All of these are landmark events for China to participate in international human rights cooperation against the general background of the reform and opening-up policy.     

论中国在北极治理中的国际责任及其践行路径

在全球气候变暖和北极冰融的影响下,北极治理逐渐成为国际社会关注的热点话题。中国作为地理上的"近北极国家"以及《联合国海洋法公约》等国际公约的缔约国,拥有参与北极治理的合法合理依据,承担着维护北极治理规范、推动北极资源绿色和可持续开发、保护北极自然生态环境等国际责任。在未来一段时期,中国在国内应该完善涉及北极事务的国内规制,推动北极科学考察的国际合作,协调国内科学家群体参与北极理事会工作组的科学评估工作,并着重构建中国北极国际责任话语体系。     

On the View on Human Rights with Chinese Characteristics

Studying and practicing the view on human rights with Chinese characteristics is important for raising the awareness and improving the protection system for human rights in China. It is important for China to improve human rights on its own path and to promote the safeguard of human rights in the world. The paper offers an overview of the concepts, contents and features of China's view on human rights.     

Judicial Application of International Human Rights Treaties in China

Since the Chinese Constitution does not stipulate the status of international treaties in the domestic legal system,the question of whether the domestic court can apply international human rights treaties keeps obscure all the time.China's official statement and academic opinions generally believe that the domestic court couldn 't resort to the human rights treaties.In recent years,however,several cases have come out involving direct reference to human rights treaties by the court.The following factors contribute together to the direct reference:the inward-looking nature of international human rights treaties,specific requirements of human rights treaties,and the possible institutional room in Chinas' s current legal system.Take the view off ulfilling international human rights obligations,the practice of judicial application should be fully affirmed.Nevertheless,it should also be noted that relevant practice is still in its infancy,there are some problems such as inconsistent understanding and non-standard application.From the perspective of top-level design,it is necessary to provide a normative basis for the practice of the court,so as to make the international human rights treaties play their due role.     

Protection of the Rights of Persons with Disabilities Under the Framework of the UN Convention on the Rights of Persons with Disabilities

The United Nations Convention on the Rights of Persons with Disabilities is a manifesto for the rights of the disabled. It establishes the values and concepts, the guidelines for action, and the system of rules for the protection of the rights of persons with disabilities worldwide. As one of the main drafting countries and the first signatories of the Convention, China has been actively implementing the principles of the Convention and faithfully fulfilling the responsibilities of a signatory party, and has made great achievements in building up its legal system, policy and culture. However, compared with the goals of the Convention, there still exist some gaps in rights awareness, social environment and related systems. Guided by the spirit of the Convention, and taking into account China's national conditions, the country will continue to cultivate its human rights culture, upgrade its capability to provide public services for people with disabilities, improve the construction of barrier-free environments, guarantee the full realization of the survival, development and participation rights of the disabled, and establish a new mode of protecting the human rights of persons with disabilities in China.     

Business and Human Rights: A Study of the Interaction Between Policy Concept Shifts and Business Practices in China

The international agenda on business and human rights has entered a new era when the united Nations Guiding Principles on Business and Human Rights was endorsed in 2011 Meanwhile, as china is growing to become one of the biggest economies in the world, chinese businesses are exerting greater impacts on human rights in and outside china The "Pillar II" policy shift of the chinese government regarding human rights refers to the translation of human rights from norms of public law to value principles for the private sector including businesses, and such a policy shift has been both a result of chinese businesses dealing with "imported human rights challenges" in china, and one of the reasons for chinese businesses tackling "exported human rights challenges" in overseas investment and trade Through a series of policy changes, the chinese government has transformed international human rights principles and norms into a value system and code of conduct meant for chinese businesses to respect and observe, which can greatly enhance the awareness and capacity of chinese businesses in fulfilling the irresponsibility to respect human rights in and outside china on the other hand, the challenges and opportunities from different dimensions are faced by the chinese government and businesses in business and human rights Therefore besides effectively fulfilling its duty to protect human rights, the chinese government needs to optimize and strengthen its "Pillar II" policies, so as to push and support chinese businesses in knowing and showing their responsibility to respect human rights at both perception and practice levels.     

Global Human Rights Governance in the United Nations Arena:China's Participation and Contribution

This paper expounds how China participates in and contributes to global human rights governance from the perspective of its participation in United Nations' human rights affairs. For more than 70 years since the United Nations was founded, it has done a good deal of work in establishing the principles and standards for human rights, developing the connotation of human rights, setting up the international human rights treaty system, and reforming the specialized United Nations' body on human rights, and so on. Since the United Nations was founded, China has been an active participant in and made important contributions to global human rights governance under the framework of the United Nations' human rights conventions. It has contributed to the establishment of the principles and standards for human rights and the connotations of human rights. It has also actively joined international human rights treaties and conscientiously fulfilled its obligations.     

The Logic of Change of the CPC's Human Rights Discourse Since the Founding of the People's Republic of China

Since the founding of the People's Republic of China70 years ago,the human rights discourse of the Communist Party of China has been constantly updated.In the early years of the founding of the People's Republic of China,the CPC spontaneously formed a collective discourse on human rights with the right to subsistence and self-determination as its core;in the 1980 s,in the process of reflection and refutation,the CPC paid more attention to individual rights,and gradually increased the sense of a human rights discourse with Chinese characteristics;since the 1990s,the CPC has combined the specific national conditions and the international environment to form a human rights discourse.The system of human rights discourse has been constructed in terms of the order of priority of human rights protection,path of human rights development,relationship between human rights and sovereignty,and development of the world human rights cause.Since the 18~(th) National Congress of the CPC,the CPC has put forward the idea that "living a happy life is the primary human right" at home and the idea of building a Community with a Shared Future for Human Beings for the world,and the discourse system of human rights with Chinese characteristics has gradually been improved.The independent variable of the change of human rights discourse of the CPC is the specific national conditions at different stages and the recognition of national identity formed on this basis.The other variable is the international environment and external relations that China is facing.     

A Summary of the Seminar on “Construction of China's Human Rights Discourse System in the New Era”

A seminar on Construction of China's human Rights discourse System in the new era was held in Central South University(CSU) on April 12, 2018. The event was sponsored by the China Society for human Rights Studies and the Publicity department of the hunan Provincial Committee of the Communist Party of China, and hosted by the CSU Research Center for human Rights and the CSU School of law. nearly 70 experts and scholars in law, international relations, and communication from institutes of higher learning, research institutions, and practical work departments from around the country shared their opinions on three topics: Cultivation of a Chinese human Rights discourse System in the new era, Communication of the Chinese human Rights discourse in the new era, and Chinese human Rights discourse and International human Rights Governance in the new era. They conducted an in-depth discussion on enhancing human rights self-confidence, grasping the characteristics of the new era and the general development trend, consolidating consensus between domestic and overseas human rights discourses, and effectively carrying out international human rights exchanges. Fully reflecting the in-depth thinking and insights of attending experts and scholars on the matter, the seminar effectively promoted the development of research on Construction of China's human rights discourse system in the new era.     

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.     

Interpretation of the Concept of the Right to Internet Access from the Perspective of International Law

The advent of the internet era breeds a new concept, namely, the right to internet access. Many countries and international organizations, as well as individuals, are advocating or have already embodied it as a basic human right, thus enhancing the issues of whether it should be incorporated into the macro system of international human rights. By analyzing the facts, this article points out that the international concept of the right to internet access should be distinguished from its domestic concept, for there are no legal sources about the right to internet access for guidance as with some treaties in the current international law, despite its close relationship with some existing rights such as the freedom of speech, press and assembly, or the right of equality, or the right to development. And there is still a long time before the legal value and related responsibilities as well as the boundaries about the right to internet access becomes a consensus in the international society. Even though there is quite a possibility, this right hasn't been embodied as part of international human rights, and thus hasn't made a legal concept in international human right law.     

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.     

农民工政治参与的程序主义建制化研究——从农民工讨薪事件谈起

农民工讨薪事件频发,特别是在年关岁末,作为社会弱势群体在诉求维护其经济利益权利过程中往往陷入一种无序的社会行为。本文运用哈贝马斯程序主义的模式,构建基于法治目标的农民工维权行为的程序主义模式,一方面,从程序主义民主模式中获取农民工与劳动单位之间合理及合法的规章制度达成共识;另一方面,从农民工自身出发,通过学习提高自身文化水平,进而促进构建合理合法实现自我维权意识的途径。     

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.     

Positively Lead Sustainable Development and Effectively Implement the Right to Development: A Chinese Perspective

The concept and claim of the right to development is a major contribution of developing countries represented by China to the international human rights theories and system. China has been actively promoting sustainable development of the global economic, social and ecological environment and has made substantial contributions to global sustainable development. At the national level, China is committed to eradicating poverty and improving people's well-being. At the international level, China calls for the strengthening of the special mechanism for the right to development and attaches great importance to experience sharing and summarizing of the right to development. China's human rights cause has broad prospects for progress and will also make greater progress in safeguarding the right to development.     

Explaining the Change in China's Attitude toward UN Peacekeeping: a norm change perspective

China's attitude towards UNPKOs has experienced two shifts since the 1980s. One is about changing from non-financial-support, non-voting, and non-participation concerning peacekeeping to financial-support, voting, and participation in 1981. The other shift concerns China's gradual change in its attitude toward non-traditional peacekeeping over the 1990s. This paper provides a norm perspective on the issue. Specifically the author argues that China's attitude toward UNPKOs changed as a result of the change in international norm from prioritizing sovereignty to prioritizing human rights, and the diffusion of the norm of human rights into China through a variety of agents such as foreign policy elites and two special groups of PLA officers.     

论死缓制度的法律适用

死刑缓期执行（简称＂死缓＂）,是我国独创的刑罚制度,是我国关于人权保护在刑法上的体现。目前,在世界范围内废除死刑的呼声日益高涨,而我国的现实状况却不允许我国废除死刑。死缓制度的确立可以从根本上减少我国死刑的适用率,缩小死刑的适用范围,与国际立法趋势相同。死缓制度作为我国独创的刑罚制度,在社会上既起到威慑作用,又有利于保护人权,是符合我国法制要求的制度。为了更好地适用死缓制度,我们必须从根本上把握死缓的适用标准以及适用的法律后果,保证死缓制度的正确适用。本文将从这两方面对死缓制度的适用作出论证,希望可以为完善死缓制度,为其在现实中的适用起到提示作用。     

从国际人权公约谈赦免的法制化

根据国际人权公约的规定,任何被判处死刑的人有权请求赦免。我国目前的赦免未完全脱离传统的赦免,应建立现代赦免制度以实现其社会功能。因此,首先要修正我国人权宪政体制,其次制定赦免法,增设赦免种类,设立专门机构受理赦免案件。