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  • Decisive Stage of All-round Construction of Well-off Society Is a New Opportunity for China’s Human Rights Cause
  • <正>The p eriod of"The 13th Five-Year Plan"for national socioeconomic development(2016-2020)is a decisive stage of completion of all-round construction of a moderately prosperous society in China,and the year of 2016 is the first annum of this decisive stage.The Central Committee of the Communist Party of China(CPC)headed by General Secretary Xi Jinping has,with a new stance and new ideas,set strategic tasks
  • Influence of Karl Marx’s Concept of Human Rights on Development of International Human Rights Discourse and Its Enlightenment Thereon
  • The controversy between Karl Marx’s concept of human rights and the Western liberal concept of human rights has been a focus of the contest between Eastern and Western values for a long time.Based on historical materialism,Marxism exposes the incompleteness of the Western liberal concept of human rights in terms of human rights subjects,human rights objects and epistemology of human rights,and promotes gradual integration of norms of international human rights discourse,with international human rights instruments as a carrier,into pluralistic cultural perspectives.A review of such controversy and its influence on development of norms of international human rights discourse will be in the interest of China’s objective response to Western export of human rights(democracy) discourse for the time being,and expanding space for discourse on human rights practice with Chinese characteristics.
  • Convention against Torture and Other Cruel,Inhuman or Degrading Treatment or Punishment and China’s Action
  • In 1984,the United Nations adopted the Convention against Torture and Other Cruel,Inhuman or Degrading Treatment or Punishment(CAT).It is the first specialized international convention,which provides the prevention and punishment of torture and other inhuman or degrading treatment or punishment.China ratified the convention in 1988,and submitted six Sate Party reports.This article introduces how the Chinese government fulfills the obligations under the provisions according to our State Party reports,and,in concluding observations,observes the historical background,the basic framework and the main content of the convention.Meanwhile,it researches the further steps which the government of China might take for the better implementation.
  • On the Perfection of Legislation on Property Rights Protection of Criminal Suspects in Investigation Process
  • The property rights of a criminal suspect are an important component of human rights,but,unfortunately,may be restrained by factors in the investigation process like judicial stereotypes,legal regulations,and a lack of initiative on the part of the rights holder,which,from time to time,may result in infringements of such rights.Thus it is necessary for us to probe into the reasons why such infringements occur and sort out the contents about enhancing property rights protection of criminal suspects in the amendment to Criminal Procedure Law.To counter the existing disregard for property rights protection of criminal suspects and its legislative deficiency,judicial reform must be carried out as to three aspects:procedural improvement,institutional establishment,and judicial transformation property rights ideas in criminal proceedings.
  • Rethinking the Method and Function of Proportionality Test in the European Court of Human Rights
  • Strasbourg’s application of proportionality test has some unique features.Due to the Court inherent subsidiary role,it hardly transplants the formulas and criteria adopted by the German Constitutional Court or Court of Justice European Union(CJEU) in the complete sense.Consequently,the Strasbourg application of the proportionality has been depicted as a "mysterious house" for the reason that it lacks of certainty.Therefore,some scholars often worry the application of the proportionality test will threaten the predictability and the Strasbourg rule of law.Generally,the proportionality test has two internal functions for the Strasbourg judges:(1) strike fair balance between/among the competing interests;(2) testing on the reasonableness and appropriateness between the measures employed and aim pursued.In the first category,the primary task of the Court is to protect the scope of "essence" of the Convention rights from the interference of collective goods relying on the interest-based rights theory.Beyond this scope,the Court would have to balance the interests explicitly incorporated into the Convention rights as well as the external collective goods claimed by the state authorities.In some sensitive judgments,the Strasbourg Court tends to impose the onerous responsibility of "burden of proof" to the State authorities,or strategically defers to the domestic decisions unless they will be found "manifestly unreasonable".Secondly,the Court must take a scrutiny towards the appropriateness between the means employed and ends pursued,and then it has to decide whether a less intrusive alternative existed or will possibly be found or not.Sometimes,the Court might impose state authorities an obligation looking for a new alternation.However,due to subsidiarity characteristic of the Strasbourg Court,the task of the assessments sometimes is complicated and time-consuming,so the Court are not capable of evaluations in all occasions.Finally,the Court could strike down the "chill...
  • To Actively Perform the Judicial Administration Function and Promote the Development of Cause of Human Rights
  • <正>Respect for human rights and protection of human rights are significant rules in the Constitution of the People’s Republic of China.In 2015,judicial administration departments at all levels legally exercised their duties,implemented the principles and rules in constitution,and kept strengthening propagation of human rights through creation of contents and methods which had acquired great effects.What they have done contributes significantly toward the development of human rights in China.
  • Spotlights(2015.12-2016.01)
  • <正>DECEMBER 2015Report Suggests Delaying Retirement Age Starting in 2018A green book on population and labor has advised authorities to postpone the statutory retirement age to 65 starting in 2018,Chinanews.com reported.
  • Submission Information
  • <正>Articles from researchers,scholars,legal practitioners,and postgraduates in the field of human rights are welcomed.We especially seek original papers written in English.Manuscripts should be submitted via www.humanrightscn.com.Authors should not simultaneously submit the manuscript to another journal.
  • 《人权:英文版》封面
      2016年
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