human rights protection system in china

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Human Rights Protection System In China

Author : Pinghua Sun
ISBN : 9783642396632
Genre : Law
File Size : 26. 99 MB
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In recent years, more and more scholars in the world feel interested in the topic of human right protection status in China. This book hopes to serve as a window through which its readers will have a better understanding of theory and practice of human rights protection in the Chinese context. The book systematically introduces the dynamic development and progress of human rights protection in China, attaching great importance to the first white paper on Human Rights in China, “The state respects and guarantees human rights” included in the Constitution, National Human Rights Action Plan of China, and then putting forth fundamental principles to achieve international human rights standards and specific measures to improve human rights protection standards in China. Then the book further discusses “Foundations of Human Rights Guarantee in Contemporary China”, “Human Rights, Culture and Their Reconstruction in the Chinese Context” and “Socialist Legal System with Chinese Characteristics”. Then, a final chapter is dedicated to the topic of “Judicial Protection System of Human Rights in China”. In appendices, four important documents on human rights in China, as well as a list of the author’s major articles and works in the past 10 years are provided.​

Human Rights

Author : P. Peter R. Baehr
ISBN : 9041102108
Genre : Political Science
File Size : 22. 88 MB
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Human Rights and Chinese Tradition, Xia Yong.

Human Rights And Good Governance

Author : Wei Zhang
ISBN : 9789004308770
Genre : Political Science
File Size : 47. 28 MB
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The first volume of Chinese Perspectives on Human Rights and Good Governance collects research articles regarding human rights, good governance, rule of law and Constitutionalism in China.

China And The International Human Rights System

Author : Sonya Sceats
ISBN : 1862032734
Genre : Human rights
File Size : 38. 80 MB
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China S Human Rights Lawyers

Author : Eva Pils
ISBN : 9781134450619
Genre : Law
File Size : 31. 79 MB
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This book offers a unique insight into the role of human rights lawyers in Chinese law and politics. In her extensive account, Eva Pils shows how these practitioners are important as legal advocates for victims of injustice and how bureaucratic systems of control operate to subdue and marginalise them. The book also discusses how human rights lawyers and the social forces they work for and with challenge the system. In conditions where organised political opposition is prohibited, rights lawyers have begun to articulate and coordinate demands for legal and political change. Drawing on hundreds of anonymised conversations, the book analyses in detail human rights lawyers’ legal advocacy in the face of severe institutional limitations and their experiences of repression at the hands of the police and state security apparatus, along with the intellectual, political and moral resources lawyers draw upon to survive and resist. Key concerns include the interaction between the lawyers and their bureaucratic, professional and social environments and the forms and long term political impact of resistance. In addressing these issues, Pils offers a rare evaluative perspective on China’s legal and political system, and proposes new ways to assess domestic advocacy’s relationship with international human rights and rule of law promotion. This book will be of great interest and use to students and scholars of law, Chinese studies, socio-legal studies, political studies, international relations, and sociology. It is also of direct value to people working in the fields of human rights advocacy, law, politics, international relations, and journalism.

Historic Achievement Of A Common Standard

Author : Pinghua Sun
ISBN : 9789811083709
Genre : Law
File Size : 38. 7 MB
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The subject of this book is human rights law, focusing on historic achievement of a common standard viewed from a perspective of Pengchun Chang’s contributions to the drafting of the Universal Declaration of Human Rights (UDHR). This is an original research, integrating different research methods: inter-disciplinary approaches, historical and comparative methods, and documentary research and so on. The research findings can be described briefly as follows: Chinese wisdom has played an important role in achieving a common standard for the establishment of the international human rights system, which can be seen by exploring P. C. Chang’s contributions to the drafting of the UDHR. The target readers are global scholars and students in law, politics, philosophy, international relations, human rights law, legal history, religion and culture. This book will enable these potential readers to have a vivid picture of the Chinese contributions to the international human rights regime and to have a better understanding of the significance of the traditional Chinese culture and P. C. Chang’s human rights philosophy of pluralism.

Conceptual Gaps In China Eu Relations

Author : Zhongqi Pan
ISBN : 9781137027443
Genre : Political Science
File Size : 87. 54 MB
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The contributors attempt to look into how China and Europe differently interpret political concepts such as: sovereignty, soft power, human rights, democracy, stability, strategic partnership, multilateralism/multipolarization, and global governance, to examine what implications of their conceptual gaps may have on China-EU relations.

China And International Human Rights

Author : Na Jiang
ISBN : 9783642449024
Genre : Law
File Size : 28. 61 MB
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This book is designed to introduce law students, legal actors and human rights activists, particularly participants in human rights dialogues with China, to the process and reality of a newly confident China’s participation in the international human rights system, albeit with inherent challenges. From an international and comparative perspective, one of the key findings of the author's research is that progress towards human rights depends more on judges than on legislators. Chinese legislators have enacted a series of reforms in order to better protect human rights. Unfortunately, these reforms have not led to greater adherence to China’s international human rights obligations in practice. The reforms failed because they have generally been misunderstood by Chinese judges, who often have a limited understanding of international human rights norms. Specifically, this book will examine how judicial misunderstandings have blocked reforms in one specific area, the use of severe punishments, based on international human rights theory and case studies and data analyses. This examination has several purposes. The first is to suggest that China ratify the ICCPR as the next step for its substantive progress in human rights and as a good preparation for its re-applying to be a member of the UN Human Right Council in the future. The second is to explain how judges could be better educated in international human rights norms so as to greatly reduce the use of severe punishments and better comply with China's human rights obligations. The third is to demonstrate how the international community could better engage with China in a manner that is more conducive to human rights improvements. The author's ultimate goal is to enhance dialogue on human rights in China between judges and the Chinese government, between Chinese judges and their foreign counterparts and between China's government and the international community. Another significant aim of this book is to clarify the controversial question of what obligations China should undertake before its ratification of the ICCPR and to re-examine trends in its developing human rights policy after standing down from the Council in late 2012. The tortuous progress of China’s criminal law and criminal justice reforms has confirmed that Chinese judges need further instruction on how to apply severe punishments in a manner consistent with international standards. Judges should be encouraged to exercise more discretion when sentencing so that penalties reflect the intent of relevant domestic laws as well as the international human rights standards enumerated in the ICCPR. In order to better educate and train judges, this book contains introductory chapters that examine the severe punishments currently available to Chinese judges from an international human rights perspective. To illustrate how Chinese justice currently falls short of international norms, this paper also examines several cases that are considered to be indicative of China’s progress towards greater respect for human rights and the rule of law. These cases demonstrate that China still has a long way to go to achieve its goals, at least before abolishing the death penalty, forced labor and torture.

China S Influence On Non Trade Concerns In International Economic Law

Author : Paolo Davide Farah
ISBN : 9781317167204
Genre : Law
File Size : 68. 87 MB
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This volume examines the range of Non-Trade Concerns (NTCs) that may conflict with international economic rules and proposes ways to protect them within international law and international economic law. Globalization without local concerns can endanger relevant issues such as good governance, human rights, right to water, right to food, social, economic, cultural and environmental rights, labor rights, access to knowledge, public health, social welfare, consumer interests and animal welfare, climate change, energy, environmental protection and sustainable development, product safety, food safety and security. Focusing on China, the book shows the current trends of Chinese law and policy towards international standards. The authors argue that China can play a leading role in this context: not only has China adopted several reforms and new regulations to address NTCs; but it has started to play a very relevant role in international negotiations on NTCs such as climate change, energy, and culture, among others. While China is still considered a developing country, in particular from the NTCs’ point of view, it promises to be a key actor in international law in general and, more specifically, in international economic law in this respect. This volume assesses, taking into consideration its special context, China’s behavior internally and externally to understand its role and influence in shaping NTCs in the context of international economic law.

Judicial Protection Of Human Rights

Author : Mark Gibney
ISBN : 0275960110
Genre : Law
File Size : 76. 40 MB
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Can judges serve as protectors for human rights? Have courts merely abided egregious practices or perhaps even provided some form of legitimation, or have they attempted to intercede to stem governmental abuses? This book examines judicial systems and explores these questions.

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