In accordance with the canonical sources of the right of legal claim,the targets of judicial review,and the intensity of judi-cial review intervention policies,lawsuits that directly and indirectly activate the function of human rights protection amid climate risks can be divided into the following categories:climate change lawsuits based on international human rights law,climate change lawsuits based on the domestic constitution,and judicial review of adminis-trative procedures.Due to the singularity of the legal status and force of international human rights law,its"direct applicability"and"ex-planatory applicability"limit its function in protecting human rights;Climate change lawsuits based on domestic constitutions have the identification of basic right of claim,the judgment of basic rights and function,and the scope of state obligations as the judgment process.Factors such as the difficulty in right typification caused by the inte-gration of climate law and interests,the expansion of discretionary and administrative power in legislation under the context of risk pre-vention,and the functional boundary of the judicial system cause the dysfunction of the dichotomous review standard of positive rights and negative rights.Procedural rights represent an important dimension of climate-related human rights.With the standardization of administra-tive procedures on addressing climate risks,the courts are gradually reinforcing decision-making authorities'obligation of due diligence through judicial review of risk decision-making procedures,thus indi-rectly guaranteeing the realization of tangible human rights.
The model for protection of personal information dis-closed according to the law has changed from indirect protection to direct protection. The indirect protection model for traditional repu-tation rights and privacy rights was not enough to meet the practical needs of governance. However, due to the ambiguity in the application of the "reasonable" processing requirements, the direct protection model centered on Article 27 of the Personal Information Protection Law also is not enough to effectively respond to practical disputes. The essence of the problem is to resolve the tension between informa-tion circulation and risk control and reshape the legal order for the protection of personal information disclosed according to the law. The determination of "reasonable" should be centered on the scenario theory and holism interpretation and carried out by using the interpre-tation technique of the dynamic system under Article 998 of the Civil Code. With the support of scenario-based discussions and comparative propositions, the crawling and tag extraction of personal information disclosed according to the law should be considered as reasonable processing; profiling and automated decision-making should not be covered in the scope of reasonable processing, in principle; for behav-iors such as correlation analysis, elements like information subject, identifiability and sensitivity should be comprehensively considered to draw open and inclusive conclusions in individual cases.
The Asian Forum on Human Rights was held at the Renmin University of China(RUC)from November 26 to 27,2022.With the theme"Environment,Climate Change and Human Rights,"the event consisted of 12 sub-forums.The forum was hosted by RUC and jointly organized by the RUC Law School,RUC School of Glob-al Governance,Human Rights Center of RUC,RUC Asia-Pacific Institute of Law,and RUC Center for Coordination and Innovation of Food Safety Governance.The forum focused on discussing topics related to climate change and the environment and responded to com-mon concerns of the international community.It built an international exchange platform to facilitate Asian scholars to build consensus on human rights.Covering a wide range of topics,the event promoted academic exchange in various fields.Experts and scholars from both home and abroad built an extensive consensus on topics such as cli-mate change,environmental conservation,and human rights protec-tion through open exchanges and in-depth discussions,contributing their ideas and wisdom to improving the common well-being of Asian people.
By 2050,autonomous weapon systems may potentially replace humans as the main force on the battlefield,as per predictions.The development of autonomous weapon systems poses risks to human rights and humanitarian concerns and raises questions about how international law should regulate new technologies.From the per-spectives of international human rights law and international humani-tarian law,autonomous weapon systems present serious challenges in terms of invasiveness,indiscriminate killing,cruelty,and loss of con-trol,which impact human rights and humanitarian principles.Against the backdrop of increased attention to the protection of human rights in China,it is necessary to clarify the existing regulatory framework and fundamental stance regarding autonomous weapon systems and proactively consider and propose countermeasures to address the risks associated with such systems.This will help prevent human rights and humanitarian violations and advance the timely resolution of this issue,which affects the future and destiny of humanity,ultimately achieving the noble goal of universal enjoyment of human rights.
"China's Human Rights Science"is undoubtedly a brand-new concept.Just as China has its own philosophy,literature,history,law,political science,and sociology,it should also have its own human rights science.China's Human Rights Science refers to the cognitive science of human rights in China.Developing its disciplinary system,academic system,and discourse system,and constructing an independent Chinese human rights knowledge system,are essential re-quirements for promoting the great rejuvenation of the Chinese nation through Chinese modernization and creating a new form of human civilization.China's Human Rights Science originated in China,grew in China,and deepened through China's human rights practices.Chi-na's Human Rights Science adhere to the universality of human rights principles and possess distinctive characteristics.It works as the knowledge-based organization,academic refinement,and theoretical expression of the path of human rights development that conforms to the trend of the times and suits China's national conditions,as pursued by the Communist Party of China in leading the people.China's Hu-man Rights Science can enrich and develop the theory of human rights civilization,and should become a global public product of human rights.
China has established the basic rules of informed con-sent in the medical field through Articles 1219 and 1220 of the tort lia-bility part of the Civil Code of China to address the legality of medical conduct.Since patients'capacity to consent is the prerequisite,when the patient is a fully competent person,it is sufficient to give consent based on valid notification by the doctor.However,for those who are unable to give valid consent,especially adult patients with impaired capacity,resolving the legality of the doctor's medical conduct re-mains an issue when it infringes on the patient's body and health.To solve this issue,someone must give consent in place of the patient when the adult is unable to give valid consent.However,the personal and exclusive nature of the right to medical consent,which is informed consent,makes it impossible to simply delegate it to a guardian or other person to exercise it on behalf of the patient.In this paper,we borrow the concept of"medical proxy"proposed by Japanese scholar Teruaki Tayama,and for the first time,we discuss the construction of medical proxy from the perspective of adult guardianship by connect-ing the two systems from the standpoint of interpretive theory.
The Chinese concept of human rights serves as the core value of China's path of human rights development,guiding the com-prehensive advancement of China's human rights cause and providing Chinese wisdom for the development of human rights cause world-wide.Throughout the development process of China's human rights cause in the new era,the international communication of the Chinese concept of human rights has achieved positive results and played an essential role in the international human rights discourse struggle,external exchanges on human rights,and the transformation of inter-national human rights mechanisms.However,it also faces challenges such as the dominance of Western human rights concepts,the margin-alization of the Chinese concept of human rights,the incomplete es-tablishment of China's external discourse system on human rights,and constraints on international communication channels.Therefore,in the new era,it is crucial to address the weaknesses in the international communication of the Chinese concept of human rights,optimize com-munication channels,and enhance its international influence.
In China,the main discourse on human rights can be classified into four categories:political discourse,policy discourse,institutional discourse,and academic discourse.These four categories show significant differences in terms of the context,content,mode of expression,characteristics,and functions of the discourse.They can-not be simply equated or interchangeable with one another.However,they also rely on,restrict,and promote each other,and under certain conditions,they can be transformed into one another.It is needed to prevent imbalances,mismatches in context,isolation,and inadequate translation among human rights discourses.Meanwhile,it is essential to promote balanced development among different discourses,where each discourse maintains its own boundaries,refers to one another,and undergoes accurate translation,in order to construct their healthy interrelationships.Exploring appropriate methods of translation be-tween discourses is an important and worthwhile topic for research in Chinese human rights discourse.It holds significant practical signif-icance and academic value in constructing the Chinese human rights discourse system. Abstract and rigor-ous
As an important rectifying mechanism to the involved parties-oriented civil litigation model,the mandatory attorney system requires the involved parties of a lawsuit to appoint a lawyer to repre-sent them in the litigation,otherwise they will be rejected because the litigation requirements aren't met.This seems to restrict the litigants'right to initiate a lawsuit by themselves.Through the arrangement of the system for the participation of lawyers in some litigation proce-dures,stages,and cases,coupled with the legal principle of litigation costs,the litigation costs sharing mechanism,legal aid,and other re-lated supporting systems,it is not only a substantive guarantee for the litigants'right of action,but also can even strengthen the protection of the litigants'right of action in civil litigation.Based on the need to ef-fectively protect and strengthen the litigants'right of action,combined with its civil litigation system and judicial operation environment,China should adopt a phased and gradual strategy to introduce and implement the mandatory attorney system in civil litigation while con-stantly improving its lawyer system,litigation costs system,legal aid system,and other related supporting systems.
To develop China's human rights cause with a peo-ple-centered approach,we should pay close attention to the concrete experiences of the general public regarding the protection of human rights.Deepening the research on the perception of respect for hu-man rights can contribute to a more comprehensive understanding of the practical achievements of the hu-man rights cause.Public en-vironmental rights,as a new type of human rights,have become an important aspect of the development of the human rights cause in the new era.The central envi-ronmental inspection,as an authoritative and interventionist vertical governance mechanism,promotes the implementation of environmental policies by local Party committees and govern-ments and strengthens environmental information disclo-sure and public participation in environ-mental matters.As a result,it contributes to the realization of public environmental rights and stimulates public perception of respect for human rights.Among them,the"look-back inspec-tion is an important component of the central environmental inspection,and its implemen-tation consolidates and enhances the previous inspection work.An empirical analysis based on the World Values Survey's data for China indicates that residents in the provinces that have underg-one"look-back inspections are more in-clined to believe that human rights are adequately re-spected compared to residents in the provinces that have not underwent such inspections.It suggests that the advancement and improvement of the central en-vironmental inspection system promote improvements in ecological environment quality and contribute to enhancing the public percep-tion of respect for human rights.
Climate change lawsuits represented by strategic litigation have become a new force to promote global climate gover-nance.Among them,using the norms and theories of human rights law to present litigation claims,conduct legal reasoning,and form human rights-based argumentation has been one of the most successful strate-gies for climate change lawsuits.The Paris Agreement marked a major watershed for human rights-based argumentation in climate change lawsuits:Before the signing of the Agreement,human rights-based argumentation in climate change lawsuits remained in its trial stage;since the signing of the Paris Agreement,as a litigation strategy,it has become more flexible and diversified,as its relationship with climate governance is becoming increasingly complicated.The uncertainty of climate legal obligation and the process of legalization of climate tar-gets have fostered new dimensions for human rights-based argumenta-tion:Shifting from an accountability logic to a litigation strategy,from international law to domestic law,from holding governments account-able to holding enterprises accountable.There are micro,medium,and macro paths to clarify the human rights-based argumentation,all leading to truly integrating human rights perspectives and ideas into a nation's specific process of climate governance and valuing and lever-aging the value of human rights-based argumentation as a tool,so as to achieve the goal of climate governance.
The development of theories on human rights with Chi-nese characteristics and China's engagement in global human rights governance cannot be separated from attention to contemporary Western human rights theory.The debate between naturalistic and political conceptions of human rights has a long history,but discus-sions on the basic criteria for evaluating human rights theories have been insufficient.This article,focusing on the criterion of fidelity to practice,attempts to identify the development trajectory and direction of human rights theory.The universal claims of naturalistic human rights perspectives and the human rights catalog they propose have been criticized for deviating from practice.On the other hand,politi-cal conceptions of human rights,while emphasizing domestic human rights practices,have been criticized for their occasional nature and perceived loss of criticality.The broad-way practice theory seeks a third way that goes beyond the divide between these two perspectives.On the one hand,the theory itself faces limitations and the need for reshaping,while on the other hand,the traditional singular practice theory is also undergoing self-renewal.It can be said that the"internal critique"of contemporary Western human rights theory is already un-derway and will continue.
As China's overseas investment and business opera-tions continue to expand,the issue of human rights risks faced by Chi-nese transnational corporations abroad has attracted sustained atten-tion from society.In recent years,China has enacted a series of laws,regulations,and policies to better regulate the overseas business con-duct of transnational corporations,urging them to respect the human rights of the people in host countries and fulfill their social respon-sibilities to achieve sustainable development.Meanwhile,China has actively participated in the formulation of the Legally Binding Instru-ment on Activities of Transnational Corporations and Other Business Enterprises in International Human Rights Law,providing a Chinese solution to promote global governance of transnational corporations.However,in practice,the lack of institutional mechanisms,systems,and industry rules to supervise and guide transnational enterprises in fulfilling their human rights responsibilities,as well as the limited awareness of human rights risks among these enterprises,have result-ed in ongoing human rights risks in their overseas business opera-tions,particularly regarding labor rights and environmental rights.In response,China should take its national conditions into consideration and focus on the development trends of human rights issues in the business sector at the international level.Drawing on the experiences of other countries,China should explore and establish institutional and practical measures to regulate the human rights responsibilities of transnational enterprises through legislation,administration,and judiciary actions,in order to address the risks and challenges faced by Chinese enterprises in foreign investments and contribute to the sustainable development of the world and global human rights gover-nance.
As an innovation in the environmental governance system that breaks the traditional hierarchical structure,environmen-tal protection supervision has not only played a significant role in protecting tangible environmental rights but also expanded the basic scope of the right to environmental information—part of procedural environmental rights.In the supervision of environmental protection,the objects of the right to environmental information and the subjects of the obligation to provide environmental information have been both expanded,with the focus shifting from government information to Party information and from administrative organs to Party organs.This vividly demonstrates the Communist Party of China's concrete efforts to protect human rights in the field of the endeavor to build an ecological civilization.At present,the realization of the right to envi-ronmental information in environmental protection supervision still faces problems such as insufficient standards and norms,disordered practice and operation,and lack of liability guarantee.In this context,based on renewing relevant subjects'cognition of the right to know in environmental protection supervision,we should further improve and specify the rule for disclosing information about environmental protection supervision,rationally distribute the obligations for infor-mation disclosure in environmental protection supervision,and clarify the accountability rules for violating relevant requirements for infor-mation disclosure,so as to promote the overall development of the environmental protection supervision system while guaranteeing the realization of the right to environmental information.
Achieving common prosperity for all is an important feature of Chinese modernization and an essential requirement of so-cialism with Chinese characteristics,with the core value orientation of promoting the people's well-rounded development.This reflects the close relationship between people's well-rounded development and common prosperity and implies that common prosperity is not just an economic issue,but also a political matter,a moral subject,and a human rights goal.Being"people-centered"is the core positioning of common prosperity,with its inherent collective and individual at-tributes.In terms of the object dimension of prosperity,it encompass-es a wide range of rights such as material and spiritual well-being,which are advanced in a coordinated manner,and a deepening level of guarantee gradually improving.In the practical concept of"shared development,"it emphasizes the unity of state obligations and indi-vidual responsibilities,as well as the phased approach and promotion of common prosperity through the rule of law.Therefore,the essence of common prosperity lies in shifting from a"material-centered"per-spective to a"people's well-rounded development-centered"perspec-tive.It combines the principles of fairness and inclusiveness with the recognition of diverse developmental needs.The focus is on enhancing the subjective initiative of the people,aiming to truly achieve the hap-piness of the people and promote people's well-rounded development through the realization of"common prosperity."
The 20th National Congress of the Communist Party of China put forward the task to ensure all elderly people enjoy basic se-nior care services.In an aging society,basic senior care services are key to protecting the basic human rights of the elderly.The govern-ment-society partnership is an ideal model to guarantee basic senior care services.In terms of responsibility distribution,the government and social organizations should follow the principle of subsidiarity.On the one hand,social organizations undertake the responsibility to provide basic senior care services under public constraints with regard to service prices,service content,and service targets;On the other hand,the government is the responsible guarantor for minimum senior care services and the prevention of risks.The government's re-sponsibility of guaranteeing minimum senior care services lies in the government taking over relevant projects after the occurrence of risks.Constrained by the principle of subsidiarity,the government's respon-sibility for risk prevention shifts from ex-ante prevention to interim and ex-post prevention.Emphasis should be placed on the principle of the government and society assuming shared responsibilities for risk prevention and achieving risk prevention through government spend-ing.
Protecting personal credit information through consti-tutional rights is not only essemtial for individuals to defend against infringements on their personal credit information rights and interests by public power in the social credit system,but also a requirement for unified legislation on social credit to explore the basis for constitu-tional norms.In the era of the credit economy,personal credit infor-mation has become a vital resource for realizing personal autonomy.Along with the increase in the state's supervision and control of per-sonal credit,the realization of the autonomous value in the interests related to personal credit information has also set more obligations for the state.Therefore,interests related to personal credit information should be regarded as a constitutional right.Because of its significant economic interest and value,the right to personal credit information should be classified as a constitutional property right.As a constitu-tional property right,the right to personal credit information can not only help protect people's economic interests,but also achieve the goal of safeguarding their personality interests.
Environmental personality interests based on human rights reflect the multiple values of ecological order,ecological justice,and ecological freedom,and are closely linked to the protection of the right to life and the right to health.They are also related to human dig-nity and the personal freedom of civil subjects and conform to formal and essential standards of personality rights,which should be included in the scope of personality rights for protection.The construction and application of environmental personality rights faces bottlenecks such as the partiality of subjects,limitation of objects,and hysteresis of responsibilities in the protection of environmental personality rights.Environmental personality rights are supposed to reflect the needs of the development of modern human rights.We should expand the scope of its connotative power and function based on the Green Principle of the Civil Code,and follow a networked,typified,and systematic path of protection,so as to manifest the people-centered philosophy of the Civil Code and the Environmental Protection 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 misunder-standing of the general tort identification of employment discrimina-tion,the loopholes in the regulations on discriminatory employment,the imbalance in the burden of proof,and the limitation and alienation of the functions of civil liability and private law autonomy.The root of those problems lies in the fact that the nature of anti-employment dis-crimination law is not private law but social law.Equal employment involves both public and private interests,and it should be based on the public interest of society and adhere to the value orientation of pri-oritizing fairness while taking into account efficiency.Improving the legal relief mechanism for protecting the right to equal employment,with a focus on correcting private law with social law,is the solution to the dilemma.Specific measures include establishing the special tort liability system for equal employment,the legal mechanism against discriminatory labor contracts,the public-private integrated legal re-sponsibility system,and an essentially fair system for the responsibility of adducing evidence.
On March 26,2023,a Seminar on Chinese Democra-cy and Human Rights Protection was held,jointly organized by the National Human Rights Education and Training Base and the Human Rights Research Center of Central South University under the guid-ance of the Chinese Society for Human Rights Studies.The event ad-opted a combination of online and offline channels.Over 30 experts and scholars from universities,research institutions,and practical departments across the country participated in extensive discussions on"Theoretical and Practical Aspects of Chinese Democracy and Protection of Human Rights."The seminar aimed to focused on the essence,characteristics,advantages,and human rights implications of Chinese democracy and interpreted the concept of Chinese democracy and the protection of human rights through academic and theoretical methods.
