The Contribution,Experience and Risk Control of Social Organizations' Participation in Global Human Rights Governance

As the " third sector",social organizations are increasingly involved in human rights affairs in the era of governance through cooperation.They play an important role in the construction of a human rights community with the core of "common human values",and together with the government and other relevant subjects,they become the guarantors of human rights.By sorting out the main contributions of social organizations and successful experiences participating in human rights governance,it can be seen that they timely support relevant policies and laws and the participation through certain modes are successful experiences of social organizations in participating in human rights governance.Under the guarantee of the mechanism of effectiveness and risk control along the whole chain before,during and after the process,these contributions and experience will provide better Chinese experience and Chinese programs to promote global human rights governance and the progress of human rights cause in the world.     

Human Rights Connotations and Contemporary Values of Traditional Chinese People-Based Thinking

The time-honored traditional Chinese minben(people-based) thinking has rich implications for human rights. The concepts of min and minben are much in line with their contemporary counterparts of "human" and "people orientation". Upholding the belief of "people as the foundation of states", minben advocates the fundamental political status of the people, and requires leaders to implement "people-oriented" policies. Its encapsulation of the theoretical foundation and basic requirements for the protection of human rights enabled it to promote the protection of people's livelihoods and civil rights in ancient China. Its sublimation in contemporary China has had, and will continue to have, a far-reaching impact on the development of human rights in China.     

Building a Community with a Shared Future for Human Beings: New Opportunity for South-South Human Rights Development Overview of the First South-South Human Rights Forum

From December 7 to December 8, 2017, the State Council Information Office and the Ministry of Foreign Affairs jointly organized the first South-South Human Rights Forum in Beijing. With the topic of "Building a Community with a Shared Future for Human Beings: New Opportunity for South-South Human Rights Development," participants conducted in-depth discussions on topics including "global human rights governance", "inclusive development and South-South human rights cooperation", "China and the SouthSouth cooperation", "right to education for the countries of the Global South" and "poverty reduction, right to food and right to health", which achieved great consensuses and yielded results. This Forum was the first time that countries of the Global South have jointly discussed human rights issues.     

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.     

The Paris Principles and the Establishment of a NHRI in China

China should study the National Human Rights Institution(NHRI) mechanism, establish a NHRI and take the issue seriously. The author firstly points out that NHRIs play the roles of "actors for change", "urgers for reason" and "protectors for rights", which make them possible for protecting human rights. Secondly, China's current human rights protection mechanism has some imperfections, which can be improved by the NHRI, therefore, the establishment of a NHRI in China becomes a necessity. Finally, the author puts forward feasible suggestions on the type, principles, functions and implementing steps for the establishment of a NHRI in China.     

新闻自由与司法公正：也谈媒体与法院的关系

在“舆论监督”的流行话语中 ,媒体与法院的关系被错误定位 ,其实两者关系并非监督与被监督的模式。两者分别是代表民主与法治保障人权的重要因素 ,其关系可以定位在统一于人权关怀下的新闻自由与司法公正上。     

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.     

刑事被害人启动二审请求权研究

2012年修订的新《刑事诉讼法》特别体现了"尊重与保障人权"的原则,但整个新刑诉法的修订都是围绕着保障刑事被告人权利这一立法目的进行的,被害人作为刑事案件的直接受害者,其权利并没有得到增强。在以往及现行的刑诉法中,被害人的诉讼权利一直存在缺失,尤其是请求启动二审程序的权利,即启动二审请求权。通过探讨赋予被害人上诉权的可行性,以及如何完善刑事被害人的抗诉请求权,可落实被害人启动二审请求权。     

香港地区保释与我国取保候审制度之比较研究

就我国而言,刑事司法领域依然是惩罚犯罪占主导地位,个人人权的保障相对较弱。就审前羁押来说,现阶段的审前羁押有普遍化、超期化的特点,取保候审制度未发挥其应有作用。而香港地区历来具有普通法系的特点,注重人权保障,香港地区的保释制度便是最好例证。＂一国两制＂下,有必要对香港地区保释制度和大陆的取保候审制度进行比较研究,从中明确个中利弊,从而利于构建符合我国实践的审前释放制度,完善我国的法律制度。     

教育中儿童歧视的法律规制

儿童不受歧视作为一项保护儿童权利的基本原则已经得到国际与国内立法的认可。我国目前存在着儿童歧视现象，主要表现为差生歧视、户籍歧视、残疾歧视、贫困歧视及性别歧视等形式。应当认为，这些歧视已经严重地侵害了儿童的平等受教育权，需要对此予以适当的完善。     

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.     

The Pathway to Legitimacy and Universality of Human Rights from a Cross-Cultural Perspective——A Brief Review of An-Na'im's Theory of Human Rights Legitimacy and Dialogue

Within the international human rights circle,Abduliahi AhmedAn-Na'im is regarded as a representative of Southern voices."Under such a circumstance that the confrontation between the West and non-Western countries on human rights has become a routine reality,An-Na'im advocates a contingent universality of human rights or "contingent universality of human rights," and insists that the universality of human rights be based on the cultural legitimacy of human rights.While he sees the internal dialogue of human rights in all non-Western countries,including Islamic ones,as a basic way to ensure the international human rights standards be accepted gradually,he also believes the cross-cultural dialogue among different societies can eventually lead to the reconstruction of the legitimacy of international human rights standards or even the standards themselves.An-Na'im's theory of moderate cultural relativism points a way to achieve universality of human rights for developing countries,but there are a few questions that need to be further addressed.     

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.     

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.     

婚内强奸:从客观事实到法律事实的演进

古代西方在传统夫制社会下的男强女弱、男主女从的模式之下,刑法理论中的婚内强奸难以占得一席之地,主要缘于以“妻子承诺论”和“促使女方报复论”为理论支撑的“丈夫豁免”。20世纪中后期以来,在工业革命的背景下,西方各国开始了一场规模空前、势不可挡的以追求政治、经济、性权利平等为目标的女权运动,人们开始逐步反思检讨“丈夫豁免”的正当性,摒弃了强奸罪中的“丈夫除外”原则。婚内强奸在中国作为一个客观事实的存在显而易见,而其从客观事实到法律事实的演进,反映了当代中国在权利规范从社会本位走向权利本位之后,人权保障和提供社会公正将是任何一项法律制度所不可或缺的功能。     

Study on Bullying and Violence on Campus from a Human Rights Perspective

"Campus Bullying" is essentially a form of violence against children and adolescents, but neglected for a long time because it occurred among these groups. This paper proposes to re-examine the nature of campus bullying and relevant prevention and intervention activities in a human rights framework. The author points out that bullying among children and adolescents, if without intervention, will become a socialization process through which children learn violent and unequal ideology. In conclusion, the paper makes suggestions on the prevention from and intervention in campus bullying from a human rights perspective.     

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 Construction of a Rule of Law China and the Improvement of the Theoretical System of Human Rights in China——From the Perspective of “Integrating the Leadership of the Party,the Position of People as Masters of the Country,and the Rule of Law”

The CPC Central Committee has put forward the thesis of integrating the leadership of the Party, the position of people as masters of the country, and the rule of law. This thesis is an important development of the Marxist legal ideology and the socialist theory of the rule of law with Chinese characteristics. It is also a main line of the construction of a socialist rule of law country with Chinese characteristics and should be the general and basic principle of the construction of the theoretical system of human rights with Chinese characteristics. Therefore, the CPC should also endeavor to guarantee the realization of human rights, under the leadership of whom we advance the rule of law of "ensuring that the people are masters of the country" and "respecting and protecting human rights" in order to implement the modernization of the state governance system and capacity in which democracy, rule of law and human rights are the core elements of the country.     

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。     

Judicial Protection of Internet Privacy: Subject of Tort,Standard and Forms of Liability

As one of the basic human rights, and one confirmed in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, the right to privacy has been written into China's General Principles of Civil Law and Tort Law. However, in judicial practice, there has been no unified standard in defining a tort of privacy, especially a tort of internet privacy. With the increasing popularity of the internet, torts of internet privacy are becoming more and more rampant and severe. Focusing on "internet hunts", a common tort of internet privacy, this paper examines how to affirm a tortious act of internet privacy, as well as forms of liability. It also expounds the practical judicial issues such as the object of prosecution trials.