Dilemma and Solution for Relief in the Right to Equal Employment— From the Perspective of Rectifying Private Law with Social Law

At present, the legal remedies in terms of the right to equal employment in China are mainly related to private law, that is,laborers seek direct legal remedies for personality rights liability and infringement liability according to typical private law, supplemented by indirect remedies for labor contract liability under special private law. However, there are many challenges in private law remedies for the right to equal employment, which are manifested in the misunderstanding of the general t...     

Be Your Own Boss

SINCE the emergence of China＇s first private business in 1980, the proportion of private enterprises in the national economy has grown steadily and swiftly. In 2004 the government enacted an amendament for the protection of private property in the Constitution, and in the following years created a series of policies that encouraged individual entrepreneurship.     

China''''s Progress in Human Rights in 2004

Foreword The year 2004 is an important year for China in building a well-off society in an all-round way. It is also a year that saw all-round progress in China's human rights undertakings. In that year, China expressly stated in its Constitution that "the state respects and safeguards human rights," further manifesting the essential requirements of the socialist system. The Chinese government pressed forward on promoting administration according to law in an all-round way. It promulgated the document Outline of Full Implementation for Promoting Administration according to Law, which     

System Ethics:New Approach to Guarantee Human Rights

Respect for and protection of human rights is an issue of common concern nowadays. In 2004,China added The state respects and protects human rights to Article 33 of its Constitution in the form of amendment. Incorporation of human rights into the Constitution not only eliminates all kinds of concerns in notions     

Promote Legal Protection of Human Rights

One. On the constitutional principle for human rights In March 2004, the Constitution of the People's Republic of China was revised at the Second Session of the Tenth National People's Congress (NPC). The clause that "The state shall respect and protect human rights" was written into the Constitution for the first time, thus making the policy of the Chinese government and the ruling Communist Party for respecting and protecting human rights a constitutional principle and the will of the people and the state. The revision means stronger protection for human rights in China, and it is meant to promote the development of the country's human rights cause in its     

Focus

Personal Information Protection Law Under Legislative Procedure Following the recently-promulgated E-signature Law, a Personal Information Protection Law is currently undergoing the legislative process. The law aims to protect Internet users' privacy, and their personal information, such as phone numbers, addresses and professions. The law also encompasses regulations governing the use of closed-circuit television cameras in public places and the abuse of video recording equipment in private investigations. In addition, regulations on the publishing of government information and an information security law are soon to be promulgated.     

China''''s Legal Assistance System:Important Judicial Guarantee For Human Rights

On July 21. 2003. Chinese Premier Wen Jiabao signed the State Council Order No. 385, making public the Regulations of the People's Republic of China on Legal Assistance. The Regulations has 31 articles in six chapters. The document came into effect on September 1, 2003. This is the first national law on legal assistance in China. The purpose of enacting the law is to ensure that citizens in financial difficulty could get necessary law service and the     

Politics & Democracy:Synchronized Development

In 2001, China continued to promote democracy and legal system construction to ensure the civil and political rights according to law. China's Constitution provides that all power belongs to the people and the organ exercising state power on behalf of the people is the National People's Congress (NPC) and the people's congresses at all local levels. The NPC is the supreme organ of power of the state, taking major policy decisions and exercising the     

East China University of Political Science and Law Human Rights and Humanitarian LawResearch Center

<正>I.IntroductionThe Human Rights and Humanita-rian Law Research Center at the East China University of Political Science and Law was established in December 2006,with public international law experts as its core.The center is admin-istered by the International Law School at the East China University of Political Science and Law.With support from the university leadership and the research office,in-terdisciplinary cooperation in the center has been strengthened.Well-known scholars in constitutional law,legal his-tory,legal theory,criminal investigation and military law have become advisers or key members of the center.The main task of the center is to     

On Legal Protection of Human Rights for the "Underprivileged"

Questions related to inclusion ofhuman rights into the Constitution andlegal protection of human rights meritstudy in real earnest by those engaged inhuman rights studies.China's Constitution is unique inmany ways, and so is the protection ofhuman rights under China's legal system.In my opinion, this should be the focus ofour study.The Constitution, of whatever versionpublished since the birth of New China in1949, is meant to protect human rights inall aspects—political, economic, socialand…     

Human Rights Protection in the Context of Ruling the Country by Law

At a conference in Beijing on December 4, 2012 marking the 30th anni- versary of the adoption of the current Constitution, General Secretary of the CPC Central Committee Xi Jinping pointed out, ＂To fully implement the Constitution is the primary task and the basic work in building a socialist nation ruled by law.＂ He also said, ＂A country ruled by law should be first ruled by the Constitution, and lawful governance should be based on the Constitution.＂     

Comprehensive Preservation of Human Rights in the Context of “Comprehensively Advancing the Rule of Law”

The Decision made at the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China(CPC)on comprehensively advancing the rule of law is an ambitious plan for ensuring human rights through the rule of law.The Decision has fully embodied the constitutional spirit of"respecting and preserving human rights,"and reflects the strategies and plans of the CPC to comprehensively preserve human rights in the course of"comprehensively advancing the rule of law".In the process of comprehensively preserving human rights,the leadership of the CPC has to be upheld.The relationship between the CPC and the rule of law is the core issue in lawbased governance and also the core issue in comprehensively preserving human rights.     

The Charm of the Dazhaimen Restaurant

The Dazhaimen Restaurant, in Wanliu Xingui Mansion, Wanliu East Road, Haidian District, Beijing, recently opened. The Dazhaimen is regarded as a “living cultural relic” on the western Beijing landscape. Its interior décor is a convergence of architecture and antique furniture from both north and south China. The excellence of the restaurant’s “Zhaimen private cuisine” must be experienced in order truly to be ap-preciated. The Dazhaimen also stages performances of traditional Chinese opera, enjoyed to the ac-companiment of a fragrant, refreshing and constantly replenished cup of tea.     

China''''s Constitution:Guarantee for People''''s Rights

The Communist Party of China, which represents the fundamental interests of the broadest possible masses of the people, has always attached much importance to the rights of the people and the safeguard measures. As early as in the New Democratic Revolution period, it adopted in Ruijin, Jiangxi Province, an Outline Constitution of the All-China Soviet Republic in January 1934. The document stipulated that all workers, peasants, soldiers and other labor populace and their families, irrespective of their gender, ethnic group or religion, are equal before the law of the Soviet and enjoy the right to work,     

“Take People First,” Respect and Safeguard Human Rights——An interview with Professor Xu Chongde, constitution expert

The Second Session of the 10th National People's Congress adopted the fourth amendment to the current Constitution of China and adopted 14 amendments to the country's fundamental law. Professor Xu Chongde, a     

People's Will Vs. Illegal Bill

正The so-called "Hong Kong Autonomy Act" by the U.S. in response to the newly enacted Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region(SAR) is illegal and amounts to gross interference in China's internal affairs.The Chinese law aims to protect Hong Kong. Since Hong Kong is part of China, it is a legitimate right of the country to promulgate a national security law. On the     

The Socialist Rule of Law with Chinese Characteristics and Human Rights Protection

Law is the fundamental method of governance and the rule of law symbolizes modern civilization. The socialist rule of law is the rule of law rooted in the Chinese tradition, and designed and led by the Communist Party of China(CPC). It is not only a tool for government, but also a driver of social progress. Meanwhile, the Chinese human rights system is also designed by the CPC. Both concepts—the socialist rule of law and the human rights system——are different from the West in terms of theory, path and systems. Human rights are the fundamental values of and the ultimate goal pursued by the rule of law; and the rule of law is the recognition of and guarantee for human rights. Efforts must be made to advance legislative, administrative and judicial protection of human rights.     

China''''s Constitution:Guarantee for People''''s Rights

The Communist Party of China, which represents the fundamental interests of the broadest possible masses of the people, has always attached much importance to the rights of the people and the safeguard measures. As early as in the New Democratic Revolution period, it adopted in Ruijin, Jiangxi Province, an Outline Constitution of the All-China Soviet Republic in January 1934. The document stipulated that all workers, peasants, soldiers and other labor populace and their families, irrespective of their gender, ethnic group or religion, are equal before the law of the Soviet and enjoy the right to work, supervision, education and the freedom     

Academic Symposium on Rights Protection under Constitution & Private Laws

On April 10, 2005, an acade- mic symposium on basic human rights vs. private laws was held in Hangzhou, with the Institute ofJurisprudence and Systems under Zhe- jiang University playing host. Professor Wang Tse-tsien from the Department of Law of the National Taiwan University delivered the theme report. The gathering drew some 60 participants from some leading universities in China, and 400 postgraduate students were present as guests. Constitution vs. Private Laws How the constitutio…     

Expansion of Freedom of Speech in China in the Internet Era

Abasic human right,freedom of speech is a civil right clearly stipulated in China’s Constitution.Since China’s reform and opening up,freedom of speech in Chinese society has witnessed great development standardized by the Constitution and laws.