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.     

正确认识对服刑人员的人权保护

服刑人员的人权保护问题是国际社会普遍关注的焦点问题。由于服刑人员的人权具有权益主体的特殊性、人权的不完整性和人权内容的特定性等特点,在对其人权保护方面尚存在诸多问题,亟待监狱及其监狱人民警察在对服刑人员人权保护方面,树立正确的思想观念,完善其人权保护的法律规范,进一步加强其人权保护的监督制约机制,不断提高监狱人民警察的执法水平,使服刑人员这一特殊群体所享有的法定人权切实得到有效保护。     

On the Parliament Participation in the Universal Periodic Review of the United Nations Human Rights

Whether, and if so how, parliaments should participate in the Universal Periodic Review mechanism of the UN Human Rights Council is emerging. Due to their unique contributions to human rights protection and promotion, parliaments should participate in the process. Furthermore, some parliaments are already involved in this mechanism, including drafting national reports, engaging in interactive dialogues, and the implementation of review recommendations. In the past two rounds of reviews, China's National People's Congress has a positive record in this regard, but it should play a more active role in ratifying or acceding to international human rights conventions.     

New Understanding of the Socialist Human Rights Concept with Chinese Characteristics and its Practice: An Overview of the International Conference on the International Cooperation in Human Rights and the Chinese Perspective

The International Conference on the International Cooperation in Human Rights and the Chinese Perspective organized by the Institute of International Law, Chinese Academy of Social Sciences, took place in Beijing, China from October 22-23, 2016. Both Chinese and foreign human rights experts convened to exchange their opinions on the new development of the human rights theories and practices, especially from the Chinese perspective. The socialist concept on human rights with Chinese characteristics was discussed intensively during the meeting and new terms such as "the Human Rights Model of the South" and "the Human Rights Perspective of the South" were raised. The participants interpreted and summed up the experiences and features of the Chinese socialist human rights cause. The drafting and implementation of the Chinese National Human Rights Action Plans and the progress in the promotion of rule of law in China were mentioned. They highly valued the constructive roles played by China in the international human rights cooperation field, especially under the United Nations(UN) human rights regime and for the implementation of the UN 2030 Agenda for Sustainable Development.     

Four Mechanisms for Safeguarding the Effectiveness of the Human Rights Action Plan: Based on African Experience

Since the 1993 World Conference on human Rights, nine African countries have implemented ten human rights action plans. An analysis of the texts and related implementation of these plans reveals that there are four mechanisms that play a key role in improving the effectiveness of the implementation of the national human Rights Action Plan, namely, the positioning and focusing mechanism for the country's core human rights issues, the integration mechanism between the action plans and the countries' development strategies, domestic economic growth and related resources utilization mechanism, and effective governance of domestic public conflicts and public order guarantee mechanism. defining and coordinating these mechanisms is of great practical significance for improving the effectiveness of human rights action plans in developing countries.     

谈监所侦控权

警方在监所里面安装监控设备是其职权范围内的事,应该于法有据。在押犯的通信、会见等人权是一种受到限制的权利,不能与普通公民权的自由度相提并论。个案中对蒋律师宣判无罪,并不等于该律师行为正确,更不等于警方没有侦控的权力。警方的权力、当事人和律师的权利,都应该在法律范围内受到规范制约。     

小议侦查程序中的人权保障

侦查程序是刑事诉讼中非常重要的一个环节,然而,由于长期以来侦查机构权力过大,得不到有效制约,而屡屡发生侵犯公民权利的事件。为此,我们应当构建一种能够有效制约侦查权力的司法机制,以实现侦查程序中的人权保障。     

“The 10th Anniversary of the Blue Book on Human Rights and the Concepts,Discourses and Theories of Human Rights in China” Symposium Summary

The China Society of Human Rights Studies and the Human Rights Research Center at Nankai University jointly hosted a seminar on "The 10~(th) Anniversary of the Blue Book on Human Rights and the Chinese Human Rights Concept,Discourse and Theory" on December 19~(th),2020.Experts at the meeting expressed their views and discussed the organization,style,and system of the Blue Book on Human Rights;the concept,expression,and dissemination of the Chinese human rights discourse;the paradigm,principle,and structure of the Chinese human rights theory;and the objectives,paths,and development of the Chinese human rights enterprise.     

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.     

On China's Reform and Opening-up and the Evolution of the Views of Human Rights

The dominant human rights views in a country or region is closely related to the economic and social development of that country or region and is closely related to human rights practices. Since the launch of reform and opening-up, the development of China's conception of human rights has gone through many stages. The changes of contemporary Chinese human rights conceptions have gone through the stages from the views of human rights to the theories of human rights, to the norms and practices of human rights, and human rights conceptions developed from avoidance to controversy, from passiveness to initiative, and from learning to construction, which reflects the continuous development of China's human rights cause. By analyzing the journal records through a search of the human rights and its related keywords, it is possible to chart the evolution and historical context of contemporary Chinese human rights theory.     

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.     

“Beijing +25” Retrospect and Prospect: The Establishment of Sexual Harassment Prevention Mechanism in the Workplace from the Perspective of Human Rights

Sexual harassment is a form of gender discrimination and gender-based violence.lt is a fundamental human right to be in a safe environment at work,free from violence and sexual harassment.The Beijing Platform for Action adopted by the Fourth United Nations World Conference on Women in 1995 strengthened the consensus that sexual harassment is violence against women.Sexual harassment in the workplace affects critical areas of concern in the Beijing Platform for Action,such as violence against women,women and economy, and human rights of women.This article reviews the progress and achievements of Chinese government in policy making,law improvement,administrative coordination and governance in the sexual harassment prevention in the workplace for the past 25 years,especially over the past five years.Through analyzing existing issues,this research puts forward measures and suggestions for improving the legal normative system,promoting the formation of joint efforts of different departments and enhancing the employer's initiative.The implementation of the Beijing Platform for Action should be accelerated so as to push for the improvement of sexual harassment prevention mechanism in the workplace and to promote the protection of women's rights and interests.     

Historical Conditions and Experiences Summary of China's Human Rights Development Path Since the Founding of the PRC

Since the founding of the People's republic of china, the path of human rights development in china has been based on national liberation and state sovereignty.The practice of human rights protection in the 30 years before the launch of reform and opening-up accumulated the conditions for the practice after the launch of reform and opening-up.reform and opening-up have provided the great motivation and opportunity for the development of human rights in china.against the background of international practice, china's human rights development path, since the founding of the People's republic of china, has been developed in the fight against human rights diplomacy that interferes in china's internal affairs with human rights used as a political tool.it has gone through the process from evasion to passive counterattacks, and then actively participating and playing a leading role.The 70 years' development of human rights in china shows that human rights progress is highly dependent on the country's construction of the rule of law, and the coordinated and comprehensive promotion of human rights protection policies promotes the overall progress of the human rights.in order to promote human rights with development, the transition from the top-down path to the combination of top-down and down-top path is suggested.     

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.     

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.     

论公司法上补充责任的共同诉讼形态——以类似必要共同诉讼为出发点

补充责任的共同诉讼形态一直是理论争议的焦点,而将类似必要共同诉讼合一确定的范围扩及逻辑上有合一确定必要之情形,有助于该问题的解决。类似必要共同诉讼适用范围之扩张,使其不再局限于诉讼标的同一,以既判力扩张为合一确定判断标准的观点也应得到修正。在债权人先单独起诉股东时,因具备逻辑上合一确定之必要而应赋予债权人追加公司参与诉讼的权利。公司、股东作为共同诉讼人,对债权债务这一基础事实所采取的有利诉讼行为及于全体,所有不利诉讼行为仅及于自己。     

公安行政执法中的人权保障问题分析

公安行政执法中侵犯人权现象表现在:"临时民警"违规执法事件时有发生;证据意识不强、取证不及时;公安行政执法中的不作为;公安行政处罚中的不规范执法;劳动教养、收容教育中侵犯人权的现象较严重。为加强公安行政执法中的人权保障,应规范公安行政强制措施方面的立法;树立人权理念,强化程序、证据意识;健全公安行政执法的监督机制;完善公安机关的人事、培训制度。     

新刑事诉讼法视阈下诱惑侦查的理性运用

诱惑侦查是实践中经常运用的一种侦查方式,由于诱惑侦查没有明确的法律地位以及在实施过程中伴随着侵犯人权的风险,导致诱惑侦查的争议不断。随着新刑事诉讼法的出台,尊重和保障人权作为一条基本原则出现,在诱惑侦查的使用过程中如何平衡惩罚犯罪与保障人权之间的关系成为一大难题。因此,只有根据新刑事诉讼法的相关规定来研究诱惑侦查的法律规制,才能致使诱惑侦查有效打击犯罪的同时又不致侵犯人权。     

改造羁押必要性审查机制的合理化路径

新修正的《刑事诉讼法》第93条对逮捕后羁押的必要性审查作出了规定，这是我国法治建设在人权保障方面的一个重大进步，值得予以肯定。但该条规定过于抽象、笼统，没有细化羁押必要性审查的相关要件。为此，应当进一步明晰羁押必要性审查程序的启动机制、审查对象、审查期限等内容，以使该程序所产生的法律效果和社会效果得到最大程度的发挥。     

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.