The Establishment of Human Rights Concepts Based on the“Theory of Dignity”

On March 5,2010,Chinese Premier Wen Jiabao clearly stated in the Government Work Report at the Third Session of the 11th National People’s Congress:Everything we do is to make people live happier with more dignity,and make the society more justand harmonious.This is the Chinese leaders’theory of dignity,1as it was called by the media,or the perspective of human dignity,which was stated in the Government Work Report for the first time.     

The “Transcendental” Interpretation of the Concept of a Community with a Shared Future for Mankind: The Convention on the Rights of Persons with Disabilities and Its Implementation in China

The concept of a Community with a Shared Future for Mankind provides new theoretical support for the special protection of the rights of persons with disabilities. The Convention on the Rights of Persons with Disabilities is innovative in terms of its purposes and principles, logic and technology, and the actual implementation of the contracting parties, which is unique in the field of international human rights law. It is a "transcendental" interpretation of the concept of a community with a shared future for mankind and enhances the ethical values of international human rights law. The development of the cause of persons with disabilities in China is positively influenced by the values reflected in the concept of a community of shared Future for mankind and meanwhile highlights them, which provides "Chinese experiences" for the international cause of persons with disabilities.     

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.     

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.     

On the System of Rights Underlying the Right to Health and Constraints on the Right to Health——Including a Commentary on the Basic Healthcare and Health promotion Law(Draft)

Conceptually, health is subjective, procedural and socially reliant.This three-fold nature determines the connotations of the right to health as well as the constraints thereof.The right to health encompasses both the right to freedom and social rights.The right to freedom in the context of health means that the state should respect the health status and choices of its citizens and trust that the people are able to optimize their health through their own efforts, whereas the right to basic healthcare services is an important component of the right to health from the perspective of social rights.The review system stipulated in administrative normative documents increases, to a certain degree, the possibility that citizens can realize their right to health.The right to health is constrained in three aspects: "precondition of the possible", concurrent requirements imposed by society and conflicts among basic rights.When there is financial restraint on what the state can afford, the right to health is constrained by limits to healthcare institutions and the provision of healthcare services.over-emphasis of individual responsibility on the part of the insured can possibly transform the right to health into an obligation to be healthy .     

Basic Rights Intervention in the Obtainment of Digital Data as Evidence in Criminal Case——An Analysis Based on Six Typical Cases

Electronic data is the most frequently used evidence in the internet and information era.Electronic data has been applied extensively and can be classified into many categories,which determine that electronic data contains all kinds off undamental rights.To clearly understand the fundamental rights contained in electronic data is an important precondition for respecting and protecting human rights in electronic data evidence obtainment.Property-type electronic data contain property rights.Traditional investigation measures such as seizure and freezing the property cannot be taken to obtain valid evidence.To directly turn the digital currency into cash and then seize the cash,will result in insufficient property rights protection,and may violate other fundamental rights of criminal suspects.The expansion of the object of the right to privacy and the change of the carrier on which the expansion depends in privacytype electronic data,determine that the obtainment of the privacytype electronic data evidence may result in intangible intervention and secondary intervention in the right to privacy.Communicationtype electronic data contains freedom of communication and the right to communication secrecy.Investigative organs can collect this kind of electronic data through search,acquisition,remote investigation and examination,and other means.However,according to the existing institution design,the above-mentioned means may result in insufficient protection of freedom of communication.Expressiontype electronic data contains freedom of expression.If investigative organs collect this kind of data,they may intervene in freedom of the press though they do not intervene in narrowly defined freedom of expression.The basic principles that should be followed in the electronic data evidence obtainment which intervenes in fundamental rights include the doctrine of legal reservation,the writ system,the principle ofp roportionality,and illegal evidence exclusion.     

Power to the People? Villagers' self-rule in a North China village from the locals' point of view

This article examines ethnographically the implementation of the Organic Law and practice of ‘villagers’ self-rule' in a North China village from 2003 to 2004. Based on in-depth interviews and participant observation, it recounts the election of a villagers' committee and the functioning of a ‘democratic supervisory small group’. It shows that critical disparities exist between what Chinese policymakers and many scholars argue for on the one hand (for instance, enhancing cadre accountability, empowering ordinary villagers, and promoting grassroots democracy), and how most villagers view the actual practices on the other. It concludes that the locals' negative views are not idiosyncratic, the vision of ‘rule by the people’ remains difficult to take root, and that local metaphors are resourcefully used to make sense of newly-introduced practices.     

Keep Firmly to the Road of Human Rights Development Suitable to China's National Situation——An Address at the Opening Ceremony of the 7th Beijing Forum on Human Rights,Sept. 17, 2014

<正>In November 2012,immediately after the close of the18th National Congress of the Communist Party of China(CPC),CPC Central Committee General Secretary Xi Jinping proposed to"realize the Chinese dream of the great revival of the Chinese nation."He emphasized that the fulfillment of the Chinese dream     

Let Us Join Hands to Promote the Peaceful Development of Cross Straits Relations and Strive with a United Will for the Great Renaissance of the Chinese Nation —— Speech at a Forum Marking the 30th Anniversary of the Issuance of the Message to Our Compatriots in Taiwan

Comrades and Friends
Tomorrow is New Year＇s Day of the year 2009. It is on just such festive occasions as this that we miss our nearest and dearest the most. Accordingly now, on behalf of the people of all ethnic groups on the mainland of our motherland, I would like to extend our sincerest greetings and heartfelt felicitations to our compatriots in Taiwan!     

Create an International Environment for the Peaceful and Steady Development to Boost the Sound Development of Human Rights on the International Stage——An Address at the Opening Ceremony of the 7th Beijing Forum on Human Rights,Spet. 17, 2014

<正>Since its initiation in 2008,the Beijing Forum on Human Rights has been bent on promoting our mutual understanding and expanding our common grounds.It has carried out very fruitful exchanges and researches around many important questions concerning human rights development,and hence attained great achievements.It has played a     

Do Barriers to Crime Prevention Moderate the Effects of Situational Crime Prevention Policies on Violent Crime in High Schools?

This study investigates how barriers to school-based crime prevention programming moderate the effects of situational crime prevention (SCP) policies on levels of violent crime in U.S. public high schools. Using data from the 2008 School Survey on Crime and Safety, we estimate a series of negative binomial regression models with interactions to investigate whether the effects of SCP policies on violent crime vary by the presence of school-based barriers to crime prevention, such as poor teacher training, inadequate funds, and lack of parental support. Our results indicate that the effect of certain SCP policies operate differently depending on the presence or absence of specific limiting factors. Policy implications of this research suggest that schools can aid in preventing violent crime by addressing obstacles to the effective implementation of school crime prevention efforts.     

Boost the Modernization of Human Rights Protection Systems and Endeavor to Fulfill the Chinese Dream——An Address at the Opening Ceremony of the 7th Beijing Forum on Human Rights,Sept. 17, 2014

<正>This session of the Forum has the theme,"The Chinese Dream:New Progress in the Cause of Human Rights in China."This theme concentrates on such important subtopics as"The Chinese Dream and Human Rights,""Innovation in National Governance and Human Rights Protection,"     

From "Criminal on Death Row" to "Acquittal of Charge"——A showcase of China's human rights protection in the administration of justice

In Januaury 1996, a case of murder shocked the seat of Qiaojia County in Yunnan Province. Eight years later, in February 2004, the county town was again astir with the news that the alleged murderer Sun Wangang returned home after being acquitted of the murder charge.     

Building a New Type of Sino-US Relations Geared to the 21st Century——Speech by CPAFFC President Qi Huaiyuan at the Ninth Seminar on US-China Relations (April 17, 1997)

Invited by Mrs. Harrison, president ofUSCPFA, I am very pleased to attend today theninth seminar on US-China relations sponsoredby the Association. It is of particular significancethat on the occasion of marking the 25th anniver-sary of the signing of the first Sino-US joint com-