Rights In China Research Articles

“Human rights” in the protection of rural women’s land rights and interests in China, 2000–2022: judicial perspective

In mainland China, rural women still suffer from unequal treatment in the distribution of land rights and interests. On the conceptual level, the distribution of land rights in China’s rural areas is often characterized by gender-based discrimination. On the institutional level, although Chinese law clearly stipulates that “women and men enjoy equal rights”, it makes no corresponding provision for issues concerning the land rights and interests of women who have changed their place of residence due to marriage. In the case of a conflict between law and custom, justice is the ultimate means to resolve the conflict. According to civil judicial judgment documents (CJJDs) in China Judgment Online, the term “human rights” frequently appears in cases of rural women’s land rights and interests (RWLRIs), which has positive effects on the judicial protection of RWLRIs. “Human rights” shows a relatively concentrated trend in time-based distribution and geographical distribution, respectively. Moreover, “human rights” appears both in the claims of litigants and in the reason of judgment decision-making of judges. The use of “human rights” by judges in their reasons for judgment decision-making reflects the role of “human rights” in interpreting ambiguous rules in judicial activities. Additionally, the use of “human rights” in CJJDs involving RWLRIs reflects at least three human rights concepts. Although using the term “human rights” provides a “program” for protecting RWLRIs in mainland China, it is not enough to rely solely on judges to use “human rights” to protect women’s rights. Only by clarifying the legal norms can we effectively help rural Chinese women get out of their plight.

The rise of data property rights in China: how does it compare with the EU data act and what does it mean for digital trade with China?

Abstract In 2022, China introduced a landmark Data Property Rights System, followed by implementation rules in 2023 and 2024. Concurrently, the EU enacted the groundbreaking Data Act. While both systems oppose granting exclusive data access rights, they differ in their approaches: China establishes new property rights for data processors, while the EU imposes obligations on them. By comparing China’s Data Property Rights System with the EU Data Act, this paper aims to elucidate the background, contents, and challenges of the Data Property Rights System in the context of digital trade. It argues that China will address the dilemmas of security risks versus data commercialization by implementing a national negative list for data outflows, qualified by green channels in selected industries. It urges China to adopt a more consistent national approach in implementing Data Intellectual Property Rights, resolve the classification and non-discrimination treatment issues in international trade, and draw lessons from the EU sui generis right. It also suggests that focusing on sharing non-personal data under the China Data Property Right System and the EU Data Act may reshape our understanding of governing non-personal data flows and non-consumer users of data products in Free Trade Agreements.

Rights in China: Myths, Abuses, and Politics

This article presents a sociological perspective on understanding rights in China, examining the interplay between multiple myths of rights, rights abuses, and the politics of rights within various social and physical spaces. It highlights competing myths of rights held by the state, ordinary citizens, rights activists, and legal professionals. The article examines how rights abuses contribute to rights consciousness and mobilization across different human rights domains in a repressive political context. By analyzing the politics of rights in interconnected spaces, such as the street, the legal system, the global arena, and cyberspace, it emphasizes the importance of continuous engagement between domestic and overseas actors in shaping China's human rights future. The article encourages social science researchers to thoroughly examine the myths, abuses, and politics of rights before making normative judgments about China's human rights conditions.

Land reallocation and collective action in the commons: Application of social-ecological system framework with evidence from rural China

There is already a rich literature on collective action surrounding irrigation systems, which constitutes a significant mainstream knowledge system in the field of collective action. However, within this mainstream knowledge system, little attention has been paid to the impact of land reallocation with demographic changes on collective action. This form of land reallocation is a unique phenomenon under the common property rights in China, which is rare in the world. Based on the theoretical framework of social-ecological systems and survey data obtained from 4809 households in 16 provinces of rural China, the empirical results indicate a significant adverse influence of volatile land reallocation on collective action related to irrigation, which is mediated by land transfer, average parcel size, and village disputes. These results underline the need for secure land tenure to foster collective action in rural areas. This research contributes new variables and empirical evidence from China to the field of collective action research. Additionally, this study broadens the scope of the traditional economic focus of agriculture on land reallocation by encompassing the realm of commons governance.

Towards a Conceptual Framework for Understanding the Protection of Farmers' Land Rights in China

Like in other parts of the world, land rights are crucial for f farmers in China too for they livelihoods and well- being. However, farmers often face various challenges in protecting their land rights, such as unclear property rights, inadequate legal protection, and insufficient compensation for land acquisition. This paper aims to establish a conceptual framework for understanding the protection of farmers' land rights in China thus addresses the farmer’ land rights problems in a better manner. The proposed framework which is built based on review of existing literature and an analysis of the current situation of farmers' land rights protection in China focuses on legal, institutional, and social dimensions. The legal dimension examines the legal basis for farmers' land rights, their executions and the effectiveness of the legal regulations in protecting these rights. The institutional dimension explores the roles and responsibilities of various government agencies and organizations in safeguarding farmers' land rights. The social dimension considers the impact of social factors, such as culture, tradition, and power relations, on the protection of farmers' land rights. When adopted the proposed framework could serve as a comprehensive guidance for the policy and decision makers of the government, farmers and other stakeholders to understand the protection of land rights.

Several Thoughts on the Protection of the Legitimate Rights and Interests of College Teachers under the Appointment System

This paper focuses on the protection of the legitimate rights and interests of university teachers under the appointment system. By analyzing the existing issues in the protection of the legitimate rights and interests of university teachers under the appointment system, several considerations regarding the protection of the legitimate rights and interests of university teachers are proposed. Currently, there are problems such as insufficient attention to the protection of university teachers' rights in China, slow updates of laws, and insufficient coordination among relevant parties. There are shortcomings in the protection of university teachers' rights by universities, educational administrative authorities, social organizations, and judicial organs. Drawing lessons from advanced practices in other countries and regions, this article proposes several suggestions based on the current situation in China, focusing on the legal relationship between universities and teachers, legal status, position allocation, teacher initiative, and teacher appointment procedures. These suggestions aim to explore feasible solutions for improving the system of protecting the rights and interests of university teachers under the appointment system while maximizing the protection of teachers' rights.

Exploration and Research on the Protection of Intellectual Property Rights in China s Fashion Design

In today s society, which has continued to develop for decades after the reform and opening up, people s material living conditions have been greatly satisfied, and they have gradually changed from lack of food and clothing to food and clothing . China is the most populous developing country in the world and has great potential for development in the garment industry. However, due to the lack of intellectual property rights in the protection of clothing design in China, plagiarism and counterfeiting in this field have emerged in an endless stream, and they have been repeatedly prohibited. In view of this situation, this paper suggests that China can issue special regulations to classify clothing as a separate type of object and be protected by copyright together with other objects, and then creatively combine copyright protection with design patent protection. In addition, the law can recognize the use of any means of reproduction, and at the same time set up a simple and fast patent examination path, in the hope that the wind of borrowing in the market can be calmed down, so that those miserable clothing companies and designers can feel at ease, and China s clothing industry can flourish healthily.

Research on risk precaution of intellectual property infringement in cross-border e-commerce

Cross-border e-commerce is one of the innovative applications of Internet technology in the field of foreign trade. In recent years, China's cross-border e-commerce business has developed rapidly, but it is also faced with the challenge of intellectual property infringement risk. This paper takes the intellectual property rights in China's cross-border e-commerce as the research object, analyzes the current situation and main types of intellectual property infringement risks, and sums up the reasons why China's International online trade enterprises frequently encounter intellectual property risks from the perspective of infringement. For example, the relevant laws and regulations, the supervision mechanism of export products need to be improved and perfected, and there are differences in the determination of intellectual property infringement liability in different countries. Based on this, this paper intends to put forward relevant improvement paths from the aspects of perfecting relevant laws and norms, strengthening the legal supervision of intellectual property rights, clarifying the imputation principle applicable to tort liability and increasing the intensity of compensation for intellectual property infringement damages, in order to promote the vigorous development of China's foreign trade industry.

Exploration of the Initial Allocation Scheme of Carbon Emission Rights in China: International Experience and Policy Implications

Exploration of the Initial Allocation Scheme of Carbon Emission Rights in China: International Experience and Policy Implications

Evaluation of Iron Chlorin e6 disappearance and hydrolysis in soil and garlic using salting-out assisted liquid-liquid extraction coupled with high-performance liquid chromatography and ultraviolet-visible detection

Iron Chlorin e6 (ICE6), a star plant growth regulator (PGR) with independent intellectual property rights in China, has demonstrated its efficacy through numerous field experiments. We innovatively employed salting-out assisted liquid-liquid extraction (SALLE) with HPLC-UV/Vis to detect ICE6 residues in water, soil, garlic seeds, and sprouts. Using methanol and a C18 column with acetonitrile: 0.1% phosphoric acid mobile phase (55:45, v:v), we achieved a low LOQ of 0.43 to 0.77 μg kg−1. Calibration curves showed strong linearity (R2 > 0.992) within 0.01 to 5.00 mg kg−1. Inter-day and intra-day recoveries (0.05 to 0.50 mg kg−1) demonstrated high sensitivity and accuracy (recoveries: 75.36% to 107.86%; RSD: 1.03% to 8.78%). Additionally, density functional theory (DFT) analysis aligned UV/Vis spectra and indicated ICE6's first-order degradation (2.03 to 4.94 days) under various environmental conditions, mainly driven by abiotic degradation. This study enhances understanding of ICE6's environmental behavior, aids in risk assessment, and guides responsible use in agroecosystems.

Research on the "Binary Structure" of Digital Collectibles: Supervision and Protection from the Dual Perspective of NFT Digital Assets and Intellectual Property Rights in China

Chinas NFT digital collectibles are a new type of digital asset with Chinese characteristics based on policies, technologies, platforms, and consumer demands. The transaction process involves a large amount of intellectual property rights and interests transfer content. Based on reading and sorting out archives and the intellectual property law, this paper draws the binary structure characteristics of digital collectibles, with a view to making more accurate judgments on the legal attributes of digital collectibles, to maximize the legal protection regarding different intellectual property rights of authors and buyers under different links and contract provisions of digital collectible transactions. At the same time, it aims to contribute to the regulatory compliance and judicial practice of the NFT commerce, promote the development of the digital economy, stimulate the digital collectible market, enhance cultural identity, etc., and eventually providing reference for relevant research on digital collectibles.

Optimization of Initial Carbon Emission Allowance Allocation in Industrial Industries: A Case Study of Zhejiang Province, China

The construction of carbon market is one of the important means for China to reach the goal of carbon peaking and carbon neutrality, and the allocation of initial carbon emission right quota is the key link in carbon market transaction. At present, the historical method is the commonly used allocation method of initial carbon emission rights in China, and the use of this method is unfair and inefficient. Therefore, this paper proposes an allocation optimization model, selects a number of indicators, and optimizes the allocation of initial carbon emission rights based on the hierarchical analysis method and entropy weight method. Example analysis shows that the allocation optimization model helps to share the carbon emission responsibility and improve the allocation efficiency, realizes the optimal allocation of initial carbon emission rights among industrial sectors, and provides support for the emission reduction of industrial sectors.

The Current State of Visitation Rights in China and Suggestions for Improvement

The Current State of Visitation Rights in China and Suggestions for Improvement

Analysis and Legal Improvement of Foreign-related Infringement of Personal Rights in China

Analysis and Legal Improvement of Foreign-related Infringement of Personal Rights in China

Efficiency or Fairness? Research on the Allocation of Energy Consumption and Carbon Emission Rights among Chinese Provinces

Abstract Using a dynamic ZSG-SBM model under the common frontier, this paper allocates provincial energy consumption and carbon emission rights in China and conducts theoretical analysis and efficiency analysis from the perspective of balancing efficiency and fairness. The research results show that, under the allocation method that prioritizes efficiency, fossil energy consumption and carbon emission rights are significantly adjusted from the central and western regions to the economically developed eastern regions. Under the allocation model that considers fairness indicators, the net inflow of energy consumption and carbon emission rights from the eastern region is significantly reduced, with a greater focus on regional coordinated development, and a tendency to allocate more indicators to the relatively underdeveloped central and western regions in terms of energy consumption and carbon emissions. In addition, there is a significant regional difference in the initial technical efficiency gap between different regions, with the efficiency value in the eastern region significantly higher than that in the central and western regions. The allocation method that prioritizes efficiency can significantly improve energy consumption and carbon emission efficiency nationwide, but the allocation method that balances efficiency and fairness will cause some efficiency losses. Improving the national technical efficiency is the key to achieving the national “dual-carbon” and “dual-control” goals.

The Analysis of Social Rights in China

Social rights play an important role in China’s development. The pros and cons based on facts could lead us into deep thinking. Based on the history and the current situation of China’s social rights, China is still facing crucial challenges at present. Problems such as pollution, and inequalities are the side effects of China’s social rights. By considering the possible policies that may help to deal with these problems, several solutions are available. With the solutions provided by this essay, some of the problems may be solved and help to perfect China’s social rights as well. China is experiencing fast development. This research would help point out the potential problems that happened during the procedure and help to revise the policy in a better way, letting China have a safer developing way.

A Comparative Study of the Influence of Feminist Development on Young Womens Aesthetics in China and Australia

The development of feminism has played a certain role in the promotion of womens status and the defense of their interests and rights in Western and Chinese society. Chinese and Western women have demonstrated the influence of feminism on aesthetic changes. The research theme of this paper is investigating the development of feminism in China and Australia, which explores the development process of feminism in China and Australia and the similarities and differences between feminism and womens perceptions of physical appearance. By comparison, literature review, and interview methods, this study found that the similarities between the development of womens rights and aesthetics in China and the West are that young female interviewees who are subject to feminism think that physical health is the most important thing, and that women have autonomy and choice in the management of appearance. The difference between the development of womens rights in China and the West on aesthetics is that due to the increasing influence of individualism and feminism in Australian society, Australian women have more freedom in managing their appearance, and they are less influenced by mainstream social norms regarding womens appearance. However, under the influence of social pressure and collectivism, Chinese women are more inclined to change their appearance to adapt to the standard of ideal female appearance in Chinese mainstream society. Feminists in China can use the results of this study to understand the causes and effects of gender inequality, and pro-feminist educators can promote gender education in schools and society.

The Practical Effectiveness of the Singapore Mediation Convention on the Protection of Intellectual Property Rights in China's Cross-Border E-commerce and Lessons Learned

Objective: This study aims to thoroughly assess the impact of the Singapore Mediation Convention (SMC) on intellectual property rights (IPR) enforcement within China's e-commerce industry. The focus is on key indicators: dispute frequency, resolution efficiency, and stakeholder trust. Using Python and libraries like pandas, numpy, and seaborn, a quantitative analysis is conducted on twelve monthly observations, comparing pre and post-SMC implementation to quantify observed changes.
 
 Methods: For this research, a robust quantitative framework is deployed, leveraging Python and essential libraries. The approach involves a comparative analysis of data collected before and after SMC implementation. The twelve-month sample size ensures comprehensive representation. This method enables a nuanced understanding of SMC's impact on dispute frequency, resolution efficiency, and stakeholder trust.
 
 Results: Findings show a noticeable reduction in disputes and shorter resolution times post-SMC implementation, indicating positive impacts. Stakeholder trust has significantly risen, reflecting increased confidence in the industry. These quantitative outcomes collectively affirm the SMC's efficacy in fostering a secure and trustworthy environment for IPR enforcement in China's e-commerce landscape.
 
 Conclusion: In conclusion, this study underscores the positive influence of the Singapore Mediation Convention on IPR enforcement in China's e-commerce. Reduced disputes, improved resolution efficiency, and heightened stakeholder trust showcase the SMC's instrumental role. Beyond addressing IPR challenges, these findings emphasize the broader impact of mediation conventions in cultivating an environment conducive to thriving e-commerce activities.

Productivity Gains from Trade: Bunching Estimates from Trading Rights in China

Abstract This paper identifies productivity gains from trade by studying the manipulation behavior of firms in response to regulatory policies on international trade in China. Bunching estimates show that participation in international trade increases firm productivity. The productivity gains increase over time, indicating dynamic learning from trading. Further exploration shows no effects on R&D investment, product rationalization and markup. Young firms and nonstate-owned firms (non-SOEs) gain more from participating in trade. Workers share productivity gains through increased wages but not from increased employment.

Analysis and optimization of injection characteristics and comprehensive performance of low GWP refrigerant HP-1 in high temperature heat pump systems

In the context of low-GWP refrigerants becoming a research hotspot, the environmentally friendly refrigerant HP-1 with independent intellectual property rights in China has demonstrated significant advantages in fields such as data centers and 5G base stations. However, there are few applied studies in the field of high-temperature heat pumps (HTHPs), therefore, in this study, HP-1 was utilized in HTHP system and this process was combined with the injection technology. It has been proven to be an effective approach for performance improvement. The injection characteristics of HP-1-based HTHP were analyzed and optimized with a focus on safety, stability, and efficient operation. The application advantages of HP-1 were compared and analyzed in terms of thermodynamic performance and Total Equivalent Warming Impact. The results indicated that there were three types of characteristic injection pressures based on system performance, corresponding to the maximum coefficient of performance (COP), the lowest electronic expansion valve inlet refrigerant temperature, and the lowest exhaust temperature of the compressor. Further, the corresponding control equations for injection pressure were obtained. Based on the safety injection pressure, the optimal COP under injection pressure could effectively improve the COP of the system by 2.1–5.2 %, and the exhaust temperature also increased by 6.1–10.1 %. When the temperature of the heat source was 50 °C and the target heating temperature was 120 °C, the heating capacity of HP-1 increased by 10.8 % compared with that of R245fa, the COP of the system increased by 2.7 %, and the volume heating capacity increased by 10.3 %. Moreover, the emission reduction effect of HP-1 was significant, and the carbon dioxide emissions were reduced by 15.4–39.1 %. The analysis shows that HP-1 exhibits better performance and environmental characteristics than HFC-245fa. This study is of guiding significance to improve the thermodynamic performance of HTHP, for the safe and efficient operation and energy saving and emission reduction in the industrial field.