论拘留

拘留是一种重要的刑事诉讼强制措施 ,其实质是调和国家权与人权的矛盾。我国现行拘留制度过分强调对国家权的保护 ,而忽视或很少有对人权的保护 ,应予改革。建立拘留制度时应考虑其人权属性 ,完善拘留体制 ,增设监督机制和救济制度。     

侦查阶段强制到案措施规范化探究

侦查强制到案措施限制人身自由的手段很多,既包括法定措施,也包括法外措施,亟待加以规范。本文的探讨主要基于侦查强制到案措施而展开,尤其关注在刑事程序的初始阶段强制到案措施的启动和规范,期望减少侵犯人权的情况发生。     

China's Fight Against Hiv/aids

Officially, there were 650,000 people living with HIV in China in 2005.1 ^?1. State Council AIDS Working Committee Office, UN Theme Group on HIV/AIDS in China and World Health Organization, 2005 Update on the HIV/AIDS Epidemic and Response in China (Beijing: National Center for AIDS/STD Prevention and Control, China CDC, 24 January 2006), p. 1; State Council AIDS Working Committee Office/UN Theme Group on HIV/AIDS in China, A Joint Assessment of HIV/AIDS Prevention, Treatment and Care in China (2004) (Beijing: State Council AIDS Working Committee Office, 1 December 2004). View all notes The Chinese government has pledged to keep the total under 1.5 million by 2010. The study argues that China must emphasize non-epidemiological factors as mutually-reinforcing factors sustaining the disease. The fight is entwined with profound economic and social transition. Government and civil society have engaged with the principles and agencies of global HIV/AIDS governance. But HIV intersects with normative regimes addressing issues of humane governance in the widest socio-economic and political sense. Based upon primary and secondary research, the study reviews the evidence of the HIV/AIDS challenge facing China, considers the nature and quality of the national response, and evaluates the relationship of global and national regimes.     

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.     

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。     

社会性别与艾滋病——对一位女性艾滋病患者生命历程的性别分析

本研究运用质性研究方法,对一位女性艾滋病患者的生命历程进行了社会性别分析。研究认为,传统的社会性别制度恶化了女性艾滋病患者的社会处境,尤其是从夫居和父系继嗣制度不仅使女性在患病后难以获得家庭和社区的支持,而且容易面临来自家庭和社区的双重压力。在艾滋病的防治中,应更关注女性的权益保护。     

论行政紧急强制中的人权克减问题

非常状态下的人权保障状况更体现法治国家的成熟程度。基于其紧急性、强制性、单方性和高裁量性等特征，非常状态下采取的行政强制措施对行政相对人人权的克减是客观存在而且经常出现的，也是必要的，但这种人权克减应当符合法治原则、比例原则和权利救济原则。因此，有必要从立法上确定行政紧急强制中人权克减的可操作性标准，以完善我国非常状态下的人权保障机制。     

论“以人为本”方针的主体观

"以人为本"方针的主体观是对马克思列宁主义、毛泽东思想、邓小平理论主体观的发展,是对当代中国的社会问题和观念的回应,同时吸收了国际人权观念和中国传统的民本观念."以人为本"方针的主体观涵盖了所有的人,是对基本人权和人的价值的肯定和认可.从观念层面上看,"以人为本"方针主体观是社会发展的体现;从制度层面上看,"以人为本"方针主体观的实现还有赖于制度建设的有效性.     

论艾滋病预防和控制中的性别歧视——以异性性交往传播的防控为例

艾滋病蔓延已成为中国大陆的一大社会问题。为此,政府采取了一系列的措施,努力进行预防和控制,并取得了显著的成效。但从社会性别视角看,艾滋病的预防和控制中也存在着种种性别歧视,尤其在异性性交往传播的防控方面更为突出。因此,应从性别公正和性别平等出发改善有关艾滋病预防和控制的法律、政策和国家行动,进一步提高艾滋病预防和控制工作的成效。     

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.     

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.     

Hermeneutic Thinking on the Subject of Human Rights: Four Perspectives

from the view of human rights hermeneutics, the interpretation of the human rights subject can be understood as the philosophical foundation of human rights.as the rights of "ego" and "another", human rights will be rid of the supreme power of the "God" and "nation", while it dooms the dilemma of solipsism and hegemony.as the right of "the Other", human rights will correspond to the reality of political pluralism, however that theory appears to be too deconstructive and may lead to human rights nihilism.By accepting the continuity between individuality and community, a more feasible and non-exclusive approach is to adopt the idea of "Self" to better understand the nature of human rights, thus avoiding extreme human rights universality and relativism.     

Diversity of Civilization and Development of the World Human Rights Cause——Summary of “2019 South-South Human Rights Forum”

From December 10 to 11,2019,the State Council Information Office and the Ministry of Foreign Affairs jointly held the 2019 South-South Human Rights Forum in Beijing.Participants from more than 80 countries,regions and international organizations discussed and exchanged views on such topics as "the practices and experiences of human rights protection in the countries of the Global South","path of human rights development against the background of the diversity of civilizations","building a Community with a Shared Future for Human Beings and global human rights governance".Participants in the forum actively voiced their national human rights views,exchanged human rights development experiences,explored human rights development paths in developing countries,and reached broad consensus.In an international environment featuring the rise of unilateralism and hegemonism,the South-South Human Rights Forum issued a strong message of solidarity and cooperation among developing countries on human rights issues,and also conveyed to the world the firm determination of developing countries to jointly promote the healthy development of the world's human rights cause.     

职能与角色:检察官客观公正义务的开拓与延伸——以认罪认罚从宽制度为视角

认罪认罚从宽制度下,检察官角色职能在既有的矛盾属性中向内收敛和向下潜深,角色职能的新变化促使检察官客观公正义务的具体内容也往深处延伸,需要从自愿性证明、被害人权益保障和量刑建议优化三个方面着重精细化。据此,应当根据检察官客观公正义务的下潜趋势,树立"自愿性"认定标准,赋予相关人实际的法律援助权利并搭建监督体系。同时,要重视被害人权利救济与司法效率提升的辩证关系,进行量刑建议的分类精准化,在实践过程中增强检察官自身法律专业能力,科学化、精准化量刑,并在与法官的相互配合中厘清二者关系,最后自觉承担"说明"义务,促进法治国家建设。     

西方艾滋病性风险行为研究的社会性别视野

社会性别作为一个重要的分析范畴,对理解艾滋病在全球范围内的传播有着重要作用。本文从个体、人际关系和文化层次,总结上世纪90年代以来西方学者在艾滋病性风险行为研究中引入的社会性别因素,及其在不同文化背景下的应用情况,并展望了未来艾滋病性风险行为在社会性别途径的研究方向。     

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.     

The Universal Declaration of Human Rights and the “Spirits” of Confucian Ethics

At present, the value revealed in the Universal Declaration of Human Rights is under attack, and the consensus on human rights value is experiencing division globally,which asserts that "human rights can only be provided by paradox". The root of this is that" reason ",the metaphysical nature of human rights proclaimed in the Universal Declaration of Human Rights,is infinitely magnified while the " spirit " is ignored. History and philosophy show that the Universal Declaration of Human Rights entails the Confucian ethical " spirit ".At this time,this potential factor is gradually emerging in the course of world history and became a force to bridge the global division of human rights values. The significance of Confucian ethics " spirit " to the Universal Declaration of Human Rights lies in: from the perspective of " spirit ", its holistic view, bridging individual rights and collective rights; its relational view focuses on the realization of human rights and transcends the " paradox of human right; progressing from the value consensus to common action, so that in the process of judging the progress of human rights in the world, we consider not only the value consensus, but also the common action.     

论公民受教育权之分层法律保障

受教育权兼具积极权利与消极权利、自由权与社会权之多重因素,于个人生存发展具有突出意义,应从基本权利高度审视各阶段和类型的受教育权并予合理定位和区别.国家在保障不同阶段和类型的受教育权保障中担着不同的义务和责任,应予优先保障的是公民最低限度的受教育权--义务教育阶段的受教育权.     

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.     

在艾滋项目中融入社会性别视角

艾滋病的生物医学特征、流行病学特征以及艾滋病问题的社会医学特征决定了艾滋问题不仅是一个医学或健康问题,同时也是一个重大的公共性和社会性的问题。基于艾滋应对与两性角色、地位、权力的交互作用,以全新的视角探索艾滋应对项目的有效途径,可将艾滋应对项目划分为有害项目、无害项目、具有社会性别敏感性项目以及具有创新性的艾滋项目,进而有意识的在艾滋项目中融入社会性别视角。