刑事司法与人权保障

刑事司法在惩治犯罪与保障人权两项主要功能时要找准惩罚与保障的平衡点并保持较小振幅;在实体人权保障要求与程序人权保障要求发生冲突时,应首先满足程序人权保障要求,同时争取达到或接近二者动态、相对同等实现的目标。完善刑事司法中的人权保障机制,应当树立平衡观,坚持从公平正义、宽严相济、惩保并重、合理适度、刑事和解、协调有序等方面构建刑事司法和谐。     

Judicial Justice --Huang Jin on Improving Judicial Protection for Human Rights

The Decision on Certain Issues on Comprehensively Deepening the Reform, which was endorsed bythe Third Plenary Session of the 18th Central Committee of the Communist Party of China （CPC）, advocates improving judicial protection for human rights, making human rights protection one of the practical measures for implementing the principle of respecting and ensuring human rights, and making improvement of the judicial protection of human rights an important part of comprehensively deepening the reform. Prof. Huang Jin, president of the China University of Political Science and Law, was interviewed by the journal.     

The Chinese Model of Human Rights Protection

Good morning,
ladies and gentlemen,
I am very delighted to be here at the Vrije Universiteit Brussels, a prestigious and privileged university in this beautiful country of Belgium, to discuss the issue of human fights pro- tection with you today. Human fights are great, and respect for and protection of them have been a long-cherished common aspiration and pursuit of the peoples of all nations in the world. The Universal Declaration of Human Rights, issued 61 years ago, proclaims the protection of human fights to be ＂a common standard of achievement for all peoples and all nations.＂     

浅谈人权的国际保护

人权保护是自二战后全面进入国际法领域的,国际人权保护现今已经是国际人权活动中的一项重要内容。在半个多世纪的发展过程中,国际人权的保护在领域上不断扩大、保护机制上逐渐完善。但是我们要清醒地认识到人权保障的实现仍是一个漫长和艰难的历史过程。     

Human Dignity and Human Rights Protection

Learning from the painful lessons of the World War II,human rights theory rediscovered the value of human dignity,and made the protection of human dignity the basis and purpose of human rights protection.Any abuse of human rights is an infringement on human dignity.How human dignity is respected and valued is a measure of a society’s human rights situation.Human rights will     

Objects of Criminal Legal Aid--Center On Judicial Justice and Human Rights Protection

The object of criminal legal aid refers to the person in a criminal case who has the right or eligibility to apply for legal assistance and who receives it.According to jurisprudence,the object(or aid recipient) is a party in a given legal case,who is granted legal aid.They are often among the disadvantaged group in     

Human Rights Protection in Genome Editing

Introducing the human rights perspective into the multi-dimensional governance of human genome editing activities would help define boundaries for the behaviors of stakeholders such as the state, researchers, ethics committee members, and the public, and clarify specific practices of these subjects or entities to meet the requirements of human rights obligations. Based on the human dignity principle, humans must never be used as a means to an end in scientific research. The right to physical and...     

试论人权的国际保护

对于人权问题,世界上形成了一定的国际标准。各国在国际法框架内负有承认、尊重、保障、促进人权国际标准实施的义务;另一方面,对于人权保护问题,国际上也形成了具体的实施机制。     

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     

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.     

Mutual Promotion between the Chinese Dream and the Human Rights Protection in China

The Chinese Dream is not only the dream of rejuvenation of the Chinese nation,but also the dream of human rights of the Chinese people.To accurately understand the shared root and origin of the Chinese Dream and the protection of human rights in China,we must understand that the Chinese Dream provides new strategic guidance for the protection of human rights in China,and the protection of human rights in China is an important measure to promote the realization of the Chinese Dream.To realize the Chinese Dream in the new era,Chinass human rights protection must always be people-centered,and adhere to the resolution of the main social contradictions in the new era.On the basis of raising the awareness of the whole Party and society to respect and protect human rights,we should remove obstacles and barriers to human rights protection and promote the building of a community with a shared future for human beings.At the same time,the protection of human rights in China in the new era must be guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era.We must adhere to the path of human rights development with Chinese characteristics,and study and solve various practical problems of human rights protection in China in the course of upholding integrity and innovation,so as to promote the realization of the Chinese Dream.Upholding the leadership of the Communist Party of China is the fundamental guarantee for realizing the Chinese Dream and protecting human rights in China.We must unswervingly follow the CPC's lead and open up a new stage in the development of Chinas' human rights cause in the new era on the great journey to the Chinese Dream.     

National Emergency and Human Rights Protection

I. Outline In order to cope with various crises, more than 80 countries in the world have declared emergency state since 1985. So to speak, ＂emergency states are a significant topic in the modern democratic constitutional politics,     

Judicial Power and Human Rights Protection

Since the very purpose of a state that gains power is to maintain social order and increase people’s interests, the state is entitled to mete out punishment for any violations of public order or any offenses to the community. This is the minimum obligation of a state to protect its people. From the perspective of the operation of state power, a despotic state takes executive power as its core. Executive power is not only the power that kick-starts, but also the power that has the final say. Since parliamentary     

Peaceful Development and Human Rights Protection

<正>I.Understanding True Human Rights Humans developed from primates—family living things—and,through long evolutions,finally broke away from the primate habitat and entered civilization.The more humans develop,the deeper the distance between humans and the primate animal world.In the long-term social life of human beings,humans gradually develop a sense of goodness;that is,humans treat other human beings with biological attributes as their own kind.Human beings finally have a sense of kind...     

Recent Development of Human Rights Protection in China

Since 1949, China has achieved great progress in human rights protection. We also experienced some big setbacks such as the Cultural Revolution. China redirected itself to a proper course of healthy human rights development from 1978. But during the time of 1983 to 1990, our concept of human rights fell behind world civilization greatly; the mainstream concept of human rights in China was that "the term of human rights is a pure slogan of western society." China should not adopt it. Theturni…     

农民工阶层人权保护研究

农民工作为一个新的社会阶层,其人权现状不容乐观。在农民工阶层存在着阶层歧视、低工资且无保障以及工伤、职业病高发和工作时间长、健康无保障等问题。农民工阶层的人权内容包括宪法层面的平等权、生存权、发展权、受教育权、迁徙自由权、政治权利和民法层面的健康权、财产权以及劳动法层面的工作权、社会保障权等。农民工阶层的人权必须得到政府、政策、司法和社会组织的保护。     

Human Rights Protection and Defusing Public Disputes

<正>The concept of human rights has already become the shared value of the majority of countries in the international community.However,realization of human rights is decided not only by lofty ideals but also pragmatic values.That is,can human rights be used for solving major issues of society?With regard to the pragmatic value of human rights,the relationship between human rights     

Informatization and the Protection of Human Rights in Prisons

With the constant de- velopment of modern science and technol- ogy, the information technologies--with computing tech- nology and the Internet as their core-- are widely used in prisons. This not only helps prisons, which are the units responsible for carrying out criminal punishment, to better accomplish the task of punishing and rehabilitating criminals, but also further strengthens efforts to protect the human rights of prisoners.     

Strengthen the Legal Protection of Human Rights and Promote the Development of Human Rights Cause

<正>The 19~(th) National Congress of the Communist Party of China established Xi Jinping’s socialist ideology with Chinese characteristics in a new era,and opened up a new era for the socialist construction with Chinese characteristics.This indicates the direction for China’s human rights cause to move towards a new era,which has laid