The concept of common prosperity embodies the right of the people to a happy life,which is in line with General Secretary Xi Jinping’s proposition that“the people’s happiness is the greatest human right.”Its right...The concept of common prosperity embodies the right of the people to a happy life,which is in line with General Secretary Xi Jinping’s proposition that“the people’s happiness is the greatest human right.”Its rights structure has the attributes of collective rights,reflecting the people’s pursuit of material civilization,spiritual civilization,harmony,beauty,and other social values.The realization of these rights is based on individual diligent labor and also entails human rights responsibilities of the state and society.Since the Third Plenary Session of the 11th Central Committee,China has pursued the basic policy of reform and opening-up,dismantling institutional barriers that hindered the development of productivity and the full realization of rights.This has stimulated the initiative,enthusiasm,and creativity of the people in their endeavors and entrepreneurship,leading to a historic leap from standing up to becoming prosperous.The living standards of the people have greatly improved.In the new journey toward achieving the second centenary goal,China should follow the important discourse of General Secretary Xi Jinping on respecting and protecting human rights,take the path of socialist human rights with Chinese characteristics,and better meet the growing aspirations of the people for a better life in the pursuit of high-quality economic development.展开更多
“The best interests of the child”is an essential principle of the Convention on the Rights of the Child.Due to the abstractness and ambiguity of this principle,its application is inevitably subject to the judge’s p...“The best interests of the child”is an essential principle of the Convention on the Rights of the Child.Due to the abstractness and ambiguity of this principle,its application is inevitably subject to the judge’s personality.Through empirical analysis,we can find that the judicial documents invoking the principle of“the best interests of the child”by Chinese courts show a significant increase in the number of disputes,types of disputes,and pronounced regional characteristics.The application of this principle by the courts is highly consistent with the judicial interpretative documents issued by the Supreme People’s Court.The invocation of this principle plays the role of interpreting the provisions of the law,the value basis for discretion,and the value orientation for shaping new rules in adjudication.At the same time,it is plagued by a lack of guidelines for the application of principles,invocations that serve the will of judges,and imperfect thinking in weighing the various factors involved.The application of this principle should be improved by setting normative standards for the principle of“the best interests of the child”,increasing case guidance for invoking the principle,and enhancing the professionalism of judges.展开更多
文摘The concept of common prosperity embodies the right of the people to a happy life,which is in line with General Secretary Xi Jinping’s proposition that“the people’s happiness is the greatest human right.”Its rights structure has the attributes of collective rights,reflecting the people’s pursuit of material civilization,spiritual civilization,harmony,beauty,and other social values.The realization of these rights is based on individual diligent labor and also entails human rights responsibilities of the state and society.Since the Third Plenary Session of the 11th Central Committee,China has pursued the basic policy of reform and opening-up,dismantling institutional barriers that hindered the development of productivity and the full realization of rights.This has stimulated the initiative,enthusiasm,and creativity of the people in their endeavors and entrepreneurship,leading to a historic leap from standing up to becoming prosperous.The living standards of the people have greatly improved.In the new journey toward achieving the second centenary goal,China should follow the important discourse of General Secretary Xi Jinping on respecting and protecting human rights,take the path of socialist human rights with Chinese characteristics,and better meet the growing aspirations of the people for a better life in the pursuit of high-quality economic development.
基金a phased result of the research project“Studies on the Relationship Between the Constitution and International Law”(18BFX034)backed by the National Social Science Fund of China
文摘“The best interests of the child”is an essential principle of the Convention on the Rights of the Child.Due to the abstractness and ambiguity of this principle,its application is inevitably subject to the judge’s personality.Through empirical analysis,we can find that the judicial documents invoking the principle of“the best interests of the child”by Chinese courts show a significant increase in the number of disputes,types of disputes,and pronounced regional characteristics.The application of this principle by the courts is highly consistent with the judicial interpretative documents issued by the Supreme People’s Court.The invocation of this principle plays the role of interpreting the provisions of the law,the value basis for discretion,and the value orientation for shaping new rules in adjudication.At the same time,it is plagued by a lack of guidelines for the application of principles,invocations that serve the will of judges,and imperfect thinking in weighing the various factors involved.The application of this principle should be improved by setting normative standards for the principle of“the best interests of the child”,increasing case guidance for invoking the principle,and enhancing the professionalism of judges.
