Protection of Human Rights Under China''''s Legal System——An interview with Prof. Wan Exiang

Question: On March 17, 2004, theSecond Session of the Tenth NationalPeople's Congress, China's highest leg-islature, approved the revision of Chi-na's Constitution to include a newclause reading "the state shall respectand protect human rights." This causedwidespread repercussions in China andabroad. We'd like to have your com-ment on it. Answer: I have to note that before thenew constitutional clause was adopted,human rights had already been protectedunder China's Constitution and laws.…     

Inclusion of Human Rights in the Constitution——An Important Milestone in China's Human Rights Development

On March 14, 2004, a proposed amendment to the Constitution was adopted by the Second Session of the Tenth National People's Congress (NPC), which stipulates clearly that "the state respects and safeguards human fights." This is the first time that the concept of "human rights" has been included in the Constitution—a major event in the development of China's democratic constitutionalism and political civilization, and an important milestone in human rights progress in China.     

On the Criminal Protection of the Right to Education of Chinese Citizens——With a Review on Article 32 of the Amendment to the Criminal Law(Ⅺ)

The Amendment(Ⅺ) to the Criminal Law of the People's Republic of China responds to the institutional needs of civic education,and supplements the clause of the Criminal Law on protection of citizens' right to education nuy means of Article 32.Imposing legal responsibility in the form of internal punishments,administrative punishments,and economic compensation have failed to prevent infringements on citizens' right to education.Its role as a "secondary protection law" is the conceptual obstacle that hinders the Criminal Law from effectively intervening in the field of citizens' right to education.The equivalence between the legal interests of people to the right to education and the rights protected by the existing charges in the Criminal Law is the legitimate basis for it to intervene in disputes over the right to education.Based on Article 32 of the Amendment(Ⅺ) to the Criminal Law of the People's Republic of China,it is suggested to further clarify the prepositional law,improve the liability provisions for the right to education,change the modest and restrained view of the Criminal Law regarding protection of the right to education,and expand the behavior types of Article 32 provided in the Amendment(Ⅺ) in due time.     

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     

Implementing a More Positive Employment Policy and Promoting the Development of the Chinese Human Rights Cause

##正##Human rights refer to the basic rights to which every person is entitled based on his or her nature and dignity under certain social and historical circumstances.Simply put,the term means that everyone has the right to live and develop in a free and equal manner.Article 42 of the Chinese Constitution stipulates that Chinese citizens have both the right and obligation to work.The right to employment is a basic right for our citizens.The National Human Rights Action Plan of China(2012-2015)     

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…     

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     

Human Rights Diplomacy with Mysterious Glow of Religion——On the US International Religious Freedom Act of 1998 and the US Human Rights Diplomacy

International Religious Freedom Act of 1998 In October 1998, the Clinton Administration produced the International Religious Freedom Act of 1998 (IRFA). It is one of the important laws passed by the US Congress in recent years. The act is very complicated. The main sections can be summarized as follows: (1) Appointment of an Ambassador at Large for International Religious Freedom to head an Office on International Religious Freedom within the Department of State;     

20 Years of Administrative Case Trial and Human Rights Protection

It is already 20 years since the people's courts in China began to accept and hear administrative cases. Thanks to the common efforts by theoretical circles, legislative and judicial departments, the system of administrative hearing has been constantly improved and the contingent of judges for administrative cases has been expanding. The system has played an increasingly important role in safeguarding social stability, ensuring long-term peace and security, protecting the lawful rights and interests of the citizens and enhancing their awareness of law and rights.     

Measures to Improve China’s Human Rights Protection

Historically,the Constitution of 1982 is the most complete constitution since the establishment of the PRC.However,the country has faced new situations with the advance of time.The Constitution has needed to be amended in order to keep pace with the times,so there have appeared four constitutional amendments in 1988,1993,1999 and 2004,respectively.Although the four     

AMENDING THE FUND AMENTAL LAW

正Modernization,socialism and the people’s will at the core of constitutional revisionOn March 11,the 13th National People’s Congress(NPC),China’s national legislature,adopted an amendment to the Constitution,marking the fi rst such revision in14 years."The revision is intended to enable the Constitution to better refl ect the people’s will,to give fuller range to the advantages of socialism with Chinese characteristics and to better meet the needs of mod-     

Implementation of Villagers Autonomy on Fast Lane——In commemoration of the fifth anniversary of the promulgation and implementation of the Organic Law of the Villagers Committees

It is already five years since the 10-year-old experimental law on the organization of villagers committees adopted in November 1987 by the Standing Committee of the National People's Congress was made permanent, ending an intense political debate about how much independence villagers committees should be given to manage village affairs and to what extent villagers should be allowed to choose their leaders. It is five years in which the implementation of villagers autonomy as defined by the law proceeded the fastest and the achievements were the most fruitful. Local laws Over the past five years, all places     

International Human Rights Conventions in China——An interview with Research Fellow Mo Jihong of the Chinese Academy of Social Sciences

On the advent of the ＂International Human Rights Day＂ on Dec. 10, 2007, our staff reporter Interviewed Research Fellow Mo Jihong of the Chinese Academy of Social Sciences on how the international human rights conventions are implemented in China.
Born in May 1965, Mo Jihong is a native of Jingjiang, Jiangsu Province. He is a research fellow at the Law Institute of the Chinese Academy of Social sciences and a tutor for Ph.D candidates in the International Human Rights Law. He also serves as an executive member of the Society for International Constitution Studies and vice-president of the Constitution Chapter of the China Society of Law. He was a visiting scholar at the Human Rights Institute of Norway, and the Raoul Wallenberg Institute of Human Rights and Humanitarian Law. His principal works include International Human Rights Convention and China （2005）, Principles of Constitutional Sciences in Practice （2007） and In Defense of Legislation （2007）. He was elected as one of the ten most outstanding young jurists in China.
The following is the full text of the interview：     

UN Landmark Convention of Rights of Disabled People——Interview with Zhang Guozhong of the China Federation for Disabled Persons

The 61st UN General Assembly adopted the Convention on the Rights of Persons with Disabilities in New York City on December 13,2006. This is the first legally binding international convention on the protection of the rights of disabled persons, the first of its kind in the history of the United Nations. It is also the latest efforts of the international community to protect and promote human rights and development of persons with disabilities. On March 30,2007, China signed the Convention. The following is an interview with Mr. Zhang Guozhong of the International Department of the China Federation for Disabled Persons, who witnessed the whole process of the negotiations on the Convention:     

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     

Some Problems of the World Recognition of Human Rights Conception

There is no man or state in the world that can essentially argue against norms and rules of the Universal Declaration of Human Rights. But in this case a question appears: what reasons don't lead to application of this conception in all the states and in the world at all? Appealing of the world community to peace, safety and abidance by human rights is often ignored by some states and societies and sometimes is absolutely right qualified as an effort to interfere to internal affairs of a sovereign state. We should analyze the real essence of the human rights conception and compare it with its official explanation to find the reasons of this situation. At the beginning of this report let's give its basic points.     

Important Guarantee for The Basic Rights of Citizens——China's State compensation system

A common folk can sue an official? This was hardly possible in the past in China where the old feudalistic tradition dies hard. But this is really possible today when the common people cannot only sue officials and also get compensation if they are wronged. State compensation system It would be inevitable for government functionaries to cause damages to some citizens, legal persons or other organizations in the course of their management of the society. That is why China has established a State compensation system to compensate for the damages to citizens, legal persons and other organizations caused by government functionaries in exercising their power.     

New Progress in the Judicial Protection of Human Rights in China

正Foreword Respecting and protecting human rights is a constitutional principle in China.It also reflects the will and pursuit of the Communist Party of China(CPC),the Chinese government and the Chinese people.The judiciary is the last line of defense to safeguard social fairness and justice,and judicial protection of human rights is an important     

To Guarantee Lawyers' Right to Practice is to Protect Human Rights——An analytical review of the new Law on Lawyers

Power balance is a systematic frame- work that facilitates the forming and existence of rule of law and is also a direct precondition for the forming and existence of rule of law. It is designed for restriction of the State power, and it is also for those who have the administrative power to use their power for safe- guarding the social justice. The lawyers＇ right to practice is an important part of social balance mechanism and is also an internationally accepted form.     

Universal Periodic Review： Development of the United Nations＇ Human Rights Monitoring Mechanism

On March 15, 2006, the United Nations General Assembly adopted Resolution 60/251 to create a 47-member Human Rights Council （the Council） in replacement of a 60-year-old Commission on Human Rights （the Commission）. The Universal Periodic Review （UPR） is an important mechanism and power that the resolution imparted to .the Council. It ensures that all UN member states are subject to review in their fulfillment of human rights obligations and commitments. Generally, as an institute trader guidance of the UN General Assembly to coordinate the UN human rights activities, the Council has undergone considerable changes and development from its predecessor the Commission in its responsibilities,