Rights In China Research Articles

A Comparative Study on the Rights and Interests of Chinese and American Women Based on the American Abortion Case

In 1973, through Roe v. Wade, the U.S. Supreme Court established for the first time a woman constitutionally protected right to free choice to have an abortion. The decision's derivative interpretation of the Constitution's Fourteenth Amendment to due process grounded the right to abortion in the right to privacy, and the right to abortion has had constitutional provenance ever since. The decision was considered a significant victory for female rights protection; however, it remained a controversy for several decades, particularly on moral and religious spectrum. The case was overturned by the US Supreme Court 50 years later, putting a halt to the process of abortion liberalization. It means that each state in the U.S. would decide its own laws and regulations regarding abortion, which set off a worldwide debate on women's rights. This article compares the legal systems of women's rights in China and the United States through the above-mentioned case, and finds that there are many differences in the legislation and implementation of the existing laws in both countries, mainly due to the discrepancy in culture, history, religion, etc. Discussion on effectiveness and limitations of legal solutions to ethical disputes is also mentioned, law can provide a broad framework for solving ethical dilemmas, but unable to deal with every individual perspective or be detailed enough to deal with every possible scenario. In short, the law is only one of the tools in a broader ethical framework that needs to work align with the context of other social determinants.

Investigating the role of enterprises' property rights in China's provincial industrial energy intensity

Continuous decentralisation of the property rights of state-owned enterprises (SOEs) constitutes one of the most important market-oriented reforms in China. However, previous studies have seldom investigated the relationship between changes to enterprises' property rights and energy intensity. As industrial departments consume most of China's total energy, this study examines the influence of changes to enterprises' property ownership on industrial energy intensity across China's provincial regions. Based on a series of econometric analysis and China's 30 provincial regions between 2005 and 2019, the empirical results indicate that decentralising industrial SOEs' property rights is beneficial for controlling industrial energy intensity. This study also found that regions' degree of openness accelerated this effect. In particular, although the expansion of SOEs increases energy intensity, openness helps SOEs enhance energy sustainability. However, there is significant heterogeneity between different regions and periods. Furthermore, we investigate the roles of research and development (R&D) efficiency and structural change that explain how the decentralisation of SOEs' property rights influences regional industrial energy intensity. The results could help policymakers control the industrial energy intensity in the background of market-oriented reforms.

Reflection on the Trend of Data Property Rights in China

In the digital age, traditional legal paradigms are facing challenges. The swift advancement of technology has given rise to numerous novel challenges. This article intends to elucidate the true essence of data property rights in the context of the interaction between law and technology, reflect upon the origins of the rise of property rights in China, and engage in a multi-faceted exploration from the perspectives of judicial practice, theoretical foundations, and the field of law and economics. In conclusion, we should prudently apply legal norms to new changes, and the resolution of issues and the establishment of a well-functioning market should not rely solely on the construction of digital property rights.

Advances in Studies of Chiglitazar Sodium, a Novel PPAR Pan-Agonist, for the Treatment of Type 2 Diabetes Mellitus.

Chiglitazar sodium is a new peroxisome proliferator-activated receptor (PPAR) pan-agonist with independent intellectual property rights in China. It can treat type 2 diabetes mellitus and regulate metabolism by modestly activating PPARα, PPARγ, and PPARδ to improve insulin sensitivity, regulate blood glucose, and promote fatty acid oxidation and utilization. Chiglitazar sodium has a significant insulin-sensitizing effect and is advantageous in reducing fasting and postprandial blood glucose levels, particularly at the 48 mg dose in patients with concomitant high triglycerides in terms of blood glucose and triglyceride level control.

Accounting for carbon emission rights: China’s experience

The article is devoted to the modern Chinese experience in accounting for carbon rights in the context of the active implementation of low-carbon economic development practices both at the national and international levels. The methodological basis of the work is the main regulatory legal acts of the People’s Republic of China that regulate the accounting of rights to carbon emissions and carbon trading, scientific research by Chinese authors on the main problems and tasks of national accounting of carbon rights, accounting practices of key Chinese enterprises in the energy sector. On this basis, the main theoretical aspects of accounting for rights to carbon emissions are highlighted, which are the subject of active scientific discourse in China at the present stage: the goals of carbon accounting, subject affiliation, features of information disclosure. Based on the main provisions of current regulations and an analysis of the accounting practices that have developed over the past 7 years of key Chinese enterprises in the industry, the modern accounting practices of carbon rights and financial reporting disclosures are presented in a concise form: metric properties, main involved accounts of the National Chart of Accounts of China, information to be disclosed in the notes to the financial statements. The study is crowned by the identified main problems of the modern Chinese practice of accounting for carbon rights in an aggregated form and the proposals formulated by the author. The results of the work contribute to the theory of low-carbon accounting, more specifically, the approaches of scientists are presented, and also provide the Russian reader with the opportunity to get acquainted with the accounting practice of carbon rights in China — in the country that makes the most significant “contribution” to the processes of environmental pollution in the global scale. The the author’s reliance on on authentic sources in Chinese is of particular value to the work, which reveal the thoughts, ideas, practices that are inaccessible to a wide range of readers.

Breaching the Taboo? Constitutional Dimensions of the New Chinese Civil Code

AbstractChinese elites have celebrated its new Civil Code (2021) as the most important statute in the nation's history, and the ‘cornerstone’ of its turn toward ‘rule of law’. The Code expressly binds all persons, as well as public officials, and is judicially enforceable. The statute enshrines rights to dignity, equality, personal liberty, property, and privacy, among others, and codifies duties to protect the environment and to evolve effective means to combat sexual harassment. Echoing the German Code, the statute also contains ‘general clauses’ that enable the courts to restrict enumerated rights and entitlements for reasons of ‘good morals’, ‘public order’, and the rights of others. While constituting an act of massive delegation to the courts, judges remain prohibited from directly enforcing the PRC's Constitution. The article explores the relationship between the Code and Constitution, through a comparative analysis of: (i) the process of ‘constitutionalising’ the private law around the globe; (ii) the scholarly discourse on the ‘horizontal effect’ of rights in China; (iii) the structure of the Code itself; and (iv) the development of ‘political’ control mechanisms, to be deployed by the Communist Party of China and organs of the state to constrain how judges use their interpretive powers.

The Proof and Development of the Right to Be Forgotten in Civil Code

Contemporary Chinese rights of personality law are in a period of perfection. The Personal Rights section of the Civil Code provides the ideological basis of law for other legislation on the rights of personality in China, and the newly released Personal Information Protection Law provides relevant provisions for the privacy issues involved in personal information. The legislation related to personality rights in China should respond to the needs of people’s personality rights in the Internet era and introduce laws to some rights that have emerged with the development of the Internet. In other words, based on confirming the general personality rights and personal information protection, we should protect the emerging rights such as “the right to be forgotten”. In this regard, based on the existing judicial and legislative practices, it is necessary to argue that the right to be forgotten is an independent form of right and to explore the legislative way forward for the right to be forgotten, to contribute to the effective protection of personality rights and personal information.

The Issue of Womens Right to Ovumin in Todays China

In recent years, China has implemented the policy of three births to cope with the aging population and low fertility rate. However, since the implementation of the policy, the fertility rate has not significantly increased. Meanwhile, statistics show that the proportion of couples with fertility disorders in China is 10%-15%, of which 20% need the help of artificial reproductive technology. There are two main choices to solve the problem of fertility disorder: egg freezing and donation. This paper asks whether women have the right to use their ovum and how the public view freezing/donating ovum in China. The paper is based upon the information collected from the media. By analyzing the attitude of the society towards the right to use womens ovum, the paper discusses womens body autonomy. By doing so, the study aims to draw public attention to the protection of womens reproductive rights and enhance the public consciousness of women rights in China.

Womens Reproductive Rights in China under the Three-Child Policy

In recent years, the birth rates have been declining in China. In response to this problem, the government has introduced the three-child policy. Nowadays, many scholars have interpreted and analyzed this policy at a societal level and claimed that it has helped improve the demographics and promote economic development. However, few have studied the policys impact on women themselves and their reproductive rights. Therefore, by drawing upon information collected from various institutions, such as the China Family Plan Studies and the National Bureau of Statistics, this paper comprehensively assesses the advantages and disadvantages of the three-child policy and explores the current situation of womens reproductive rights. This paper argues that the three-child policy undermines womens reproductive autonomy. The policy also affects the economic and cultural spheres from a political perspective, leaving women in a vulnerable position and thus harming their reproductive rights. To achieve fairness and equality between men and women, this article makes recommendations to the government from three perspectives: political, mental, and economic.

Comparative Study on Data Protection Between China, The United States and Europe

Digital economy has become an important part of modern economy. The protection of data rights can provide a good environment for the development of digital economy and stimulate the vitality of digital economy. This paper discusses the scope of data rights, the practice of China and the comparison with the United States and Europe by means of literature research and comparative research, and believes that the data rights as a new property right and promotes the protection of data rights in China.

Changing Contours of Chinese Queer Perceptions and the Taiwanese Model

This study explores the transitions of queer understandings in China, which are considerably shaped by social, political, cultural and historical factors. While the Mao era silenced homosexuality, the reform era created new avenues for public discussions on sexuality, though they were confined to urban China. The representation of queerness in Chinese media like television, films, pop music, and so on, signifies the role of cultural identities having larger implications in a local and global context. However, queer voices in China have been subject to ambiguous yet persistent censorship. In this context, placing queer politics at the cross-strait tensions between China and Taiwan gives a better understanding of its soft power potential. Taiwan is the first Asian country to legalise same-sex marriage, and queer politics has become an important soft power tool to enhance its democratic credentials in the international community. Strategic promulgation of a progressive queer policy in China will have potential benefits in enhancing its legitimacy in the international arena. The study assesses the state of LGBTQ rights in China and how the country traverses between the grey areas of allowance and disallowance in its approach to the queer question. It also explores the potential benefits of granting LGBTQ rights as a soft power strategy, taking a cue from the Taiwan experience and the constraints to attaining such status.

Rethinking the Factors Affecting the Prohibition and Prevention of Torture in China—A Qualitative Comparative Analysis

As China continues to intensify its judicial reform efforts, there are multiple factors that influence the prohibition and prevention of torture in China. This issue leads to the main research question of the article: what factors influence the protection of human rights in China to achieve the prohibition and prevention of torture? This paper uses fuzzy set (fs)/qualitative comparative analysis (QCA) to explore how the configurations of multiple factors influence the establishment of a strong human rights protection system, to achieve effective torture prevention and prohibition in China. This article will focus on the cases of torture that have been made public (1998–2021). When considering how to build a strong human rights protection system to achieve the prohibition and prevention of torture, it is necessary to identify the most effective combination of cooperation with international monitoring bodies, transparency, legislation and judicial practice, attention allocation on torture cases and independent monitoring bodies for torture prevention. The analysis concludes that: (1) there are three ways of configuration to establish effective torture prevention and prohibition, (2) active engagement with international monitoring bodies is key to establishing a high level of human rights protection, particularly concerning China’s current mechanisms, and (3) the three types of configurations also provide solutions for future policy and decision-makers in China. This study contributes to demonstrates the benefits of fs/QCA in testing the complementarity of judicial practice and provides conceptual and empirical evidence for previously understudied factors.

The Chinese View of the Rights of the Child

Abstract This article aims to identify the nature of the interpretation of children’s rights in China. More specifically, it seeks to increase the understanding of the characteristics of the national perspective on children’s rights by examining and analysing the key issues relevant to the Chinese legislation. Using the concept of legal culture, the article offers a hermeneutic analysis of the Law of the People’s Republic of China on the Protection of Minors, in which the Chinese view of the rights of the child is explained in the light of a cultural background. The analysis shows that the Chinese view of the rights of the child is culturally coloured. In particular, the influence of the Confucian conception of family and the corresponding paternalistic social theory can be identified.

Other options to resolve patent infringement dispute, experiences from China

AbstractWhile civil litigation (CL) was expected to play a major role in resolving patent infringement disputes, administrative adjudication (AA) has become the preferred channel for patentees to protect their rights in China since 2015. The number of AA cases significantly increased during the study period of 2010–2021. Our research finds that AA does not particularly favor patentees. By comparing the rules of CL and AA, we also find that low cost and high efficiency are the two major advantages of AA. Besides these traits, the motivations for patentees to initiate AA are the lack of risks in AA procedure and its valuable outcomes. Understanding the real motivation for the application of AA could be a reference for improving the patent infringement dispute system.

Fisheries tenure arrangement in China: Legislative ambiguity, judicial settlement conflicts, and the gap in protecting traditional fishers’ rights

With fish stocks declining and fishing control improving, the delineation of rights and restrictions over fisheries resources for small-scale fisheries needs to be attached with more attention globally. As China’s social and economic environment changes, Chinese traditional fishers have also been facing growing challenges in maintaining their customary fisheries operation. With this as the core issue to be addressed, this paper examines the legislative status of fisheries tenure rights in China and the judicial opinions on disputes involving overlapping users’ rights to fisheries-related resources. It adopts a qualitative empirical analysis by reviewing two cases between long-practicing fishers and other entities and by generalizing nine other cases with similar factual backgrounds. It finds that the ambiguous tenure rights legislation in China cannot provide a solid basis for Chinese traditional fishers to affect fisheries-related decision-making processes. As a result, Chinese courts give incompatible judgments without sufficient consideration of traditional fishers’ customary tenure rights. A normative analysis of traditional fishers’ tenure arrangement in China is also rendered, mainly by drawing on the guidelines of FAO on sustainable small-scale fisheries. Then, this article provides suggestions for legislative improvement with a human rights dimension, including enhancing traditional fishers’ participation in decision-making processes and strengthening their property rights protection. This article offers a new perspective on the relationship between traditional fishers’ well-being, administrative powers, and legislative and judicial protections.

Impact of Chinese IPR In the ICT Sector – Assignations, Licensing and Protection

The world has entered the era of universal Intellectual Property Rights (IPR): everyone is a creator of knowledge production and their intellectual property. In recent years, China has placed greater emphasis on intellectual property: the burgeoning cultural industry has brought the concept of intellectual property to the forefront of people's minds, especially in information and communication technologies, which are closely linked to everyday life. We will start by understanding the history of Intellectual Property Rights in China. Once the basics are understood, the authors will detail Chinese patent law, its coverage, and case evaluation primary. The third part describes the three main sources of IPR disputes. In the fourth part, the authors present systematic recommendations for improving the quality of China's IPR system from an ICT perspective.

How to Regulate the Infringements of Geographical Indications of Agricultural Products-An Empirical Study on Judicial Documents in China.

Under the background of China's strategy of becoming a powerful agricultural country, geographical indications (GIs) of agricultural products, as an important intellectual property right to enable Chinese agriculture to develop with high quality, have a strong effect of strengthening and promoting agriculture. However, there are a large number of infringements of GIs among agricultural products in judicial practice, which not only greatly damage the economic and social values of GIs of agricultural products, but also bring huge food safety hazards to consumers and hinder the overall protection of intellectual property rights in China. On this basis, this paper, with the help of a quasi-case research method, integrates the facts of relevant cases, the focus of disputes, the application of law, and other case elements to realize the case similarity judgment based on the legal argumentation model. With the help of the retrieval tool of "Peking University Magic Weapon", this paper provides statistics on the civil cases of infringement of GIs of agricultural products in China from 1 January 2014 to 31 July 2022 and sets different retrieval conditions for two searches. After two screenings, 245 valid samples were obtained, and the judicial patterns of infringement disputes over GIs of agricultural products in China were systematically sorted out from the distribution of plaintiff and defendant, the distribution of infringement types, the basis of adjudication, and the standard of compensation. It was found that the plaintiff types showed double simplification, the infringement types took edge infringement as the basic form, and the general trademark provisions occupied the main position in legal applications. Then, the main litigation points, such as the dispute over the identification of GIs of agricultural products, the dispute over the use of geographical names, and the dispute over tort liability, are summarized, so as to dig out the characteristics of the implicitness of infringement, the expectation of implementation, and the concreteness of aspects. On this basis, the regulatory path of the infringement of GIs of agricultural products is put forward, such as introducing procuratorial public interest litigation, multi-agents cooperating to implement all-round supervision, and reasonably determining the amount of damages.

Impact of land property rights on the informal development of urban villages in China: The case of Guangzhou

Informal development, as a unique phenomenon that has become widespread in China’s urbanization process in recent years, has continued to attract the attention of both the government and academia. Existing studies focus on urban village redevelopment strategies, and little research has been conducted on informal development in urban villages under the land property approach. In particular, research needs to further explore what impact China’s collective land property rights have had on informality in urban villages. This study mainly adopts a qualitative research method, including field observation and in-depth interviews. The research was conducted in urban villages in Guangzhou. The study finds that land property rights have an important impact on urbanization and property rights arrangements have an important impact on resource allocation efficiency. Due to the ambiguity of collective land property rights in China, informal development in urban villages is the result of the collective action of villagers, government, and enterprises under the stimulation of economic development. The interaction of the stakeholders has promoted the rapid development of informal housing in urban villages.

Dermatology nurse prescribing in China: a Delphi method

Abstract Objectives: To identify the dermatological system drugs that may be prescribed by Chinese dermatological nurses through expert consensus. Methods: A 2-round study, consisting of 32 medical and nursing experts, was conducted using the Delphi method from September 2019 to June 2020. Microsoft Excel 2019 and IBM SPSS Ver. 22 were used to analyze the results of the consultations. Results: A total of 63 drugs across 13 categories were identified as relevant to Chinese nurses working in dermatological departments. Among these drugs, 1 drug was generally prescribed independently, 17 drugs tended to be prescribed collaboratively, and 45 were prescribed either independently or in collaboration with others. Conclusions: This expert consensus determines the prescription drugs that may be prescribed by dermatology nurses in China, which can be used as the key content of prescription drug training for dermatology nurses in future. The results of the study could provide a basis for the implementation of nurses’ prescription rights in China in future and provide a reference for the formulation of relevant legislation on nurses’ prescription rights.

A Call for Self-criticism in Defending Values: From Human Rights in China to the War in Ukraine

From the beginning of the Russian invasion, Western countries have rallied behind Ukraine and the war narrative of defending democracy against authoritarianism. Nevertheless, this binary narrative has been of limited appeal to developing countries and authors have discussed how the revival of great power competition around this narrative risks reinforcing the democratic decline. Considering these limitations, how can the academic community work to counteract a return to the kind of binary thinking that has been reanimated by the Russian invasion of Ukraine? To answer this question, I draw a parallel between responses to the war in Ukraine and how Western countries are handling the issue of human rights in China, including the emergence of a binary narrative that pits Chinese against Western visions of these rights. I argue that Western countries’ lack of self-reflectivity in defending values has hindered a genuine engagement with their own weaknesses. These weaknesses have thus been exploited by authoritarian countries. As democracy - like human rights - has been invoked as much to question oppression as to legitimate the status quo and economic interests, there is a need for scholars to scientifically engage with the geopolitical motives for defending values. We should not shy away from such research because of fears of instrumentalisation by authoritarian countries, as self-criticism will help rebuild the legitimacy and credibility that democracies increasingly lack.