Contents
Ⅰ General Report
1 The Development of Human Rights in China under the Background of Comprehensive Deepening
Reform and Promoting the Rule of Law【Luo Haocai, Li Junru and Chang Jian】/001
Abstract: The human rights in China have made all-round development with the comprehensive deepening economic, political, cultural, social, ecological and environmental and judicial reforms.The Decision on A Number of Major Issues of Promoting the Rule of Law made in the Fourth Plenary Session of the Eighteen Session of The Communist Party of China put forward the new request to the cause of human rights in China.Looking to the future, the cause of human rights in China is entering the new stage of full legalization.
Keywords: Deepening the All-Round Reform; Governing the Country according to Law; Human Rights Protection
Ⅱ Thematic Reports
Economic, Social and Cultural Rights
2 Protection of The Rights of Land-lost Farmers【Zheng Zhihang】/046
Abstract: China’s urban and rural process speeding up brings a direct consequence which is more and more farmers lost their houses and lands.For over 30 years of reform and opening up,China has made great progress in protecting the rights of earnings,social security,working and the right to information.In 2014,China has done more efforts in the protection.However,our country still has many deficiencies in the protection of land-lost farmers’rights.China needs to promote the land-lost farmers rights cause by deepening the reform household registration system,strictly controlling the government’s power of expropriation,and actively improving the rights of appealing ,concentrating on their protection.
Keywords: Land-lost Farmers;Urbanization;Social Security;Resident System Reform;Social Rights
3 Right to Social Assistance in China: Developments and Challenges【Lu Haina】/061
Abstract: The right to social assistance is a fundamental human right, as an essential element of the right to social security.After the economic reform, China has gradually established and developed the modern social assistance system.In 2014, China issued the Interim Measures on Social Assistance, which is the highest legal rule on social assistance so far.Personal coverage of social assistance is also enlarged and the level of assistance has been enhanced.Nevertheless, the system faces serious problems and challenges.China needs to tackle these issues with long-term efforts and devoting maximum available resources in order to progressively realize the right to social assistance.
Keywords: Right to Social Assistance; Poverty Relief; Vulnerable Groups; Remedies
4 Protection of Reproductive Health Right【Liu Hongyan】/074
Abstract: During the period from 2013 to 2014, China made considerable progress on protection of reproductive health rights.From 2013, National Health and Family Planning Commission launched the birth policy that allows coupels to have two children if one of them is an only child, ensuring more people’s reproductive rights.In the recent years, China has further developed the related laws and relevant norms of conduct to build up the basis for protection of rights.China also has organized series of maternal and child health project activities to improve women’s health consciousness and ability.However, the service staff’s awareness on rights protection still needs to be improved, the reproductive issues of vulnerable group, such as adolescent, floating population are very highlighted.The prevalence of Syphilis still tends to increase.Therefore, China need to further strengthen the advocacy and training, improve people’s awareness on rights protection, form the health behavior, and promote the implementation of the new birth policy, provide effective service for special group, such as adolescent and floating population.
Keywords: Reproductive Health; Reproductive Health Rights; Family Planning
5 The Equalization of Essential Public Health Service and the Protection of the Right to Health
【Man Hongjie】/088
Abstract: It is the requirement of the right to health to the Equalization of essential public health service.Chinese Government made tremendous efforts in the construction of essential public health service system, which contributed remarkably to the improvement of the population’s health level.The equalization of essential public health became the priory goal of the “New Healthcare Reform” launched from 2009.In the year of 2014, more funds were distributed to support more essential public service projects.Special attention has been paid to the vulnerable groups, such as transient population, women and children.As a result, the health quality of the population was highly improved.As the next steps, the disparities of essential public health service among regions and between urban and rural area shall be eliminated, and the legalization of essential public health service shall be pushed forward, and more projects shall be included into the list.
Keywords: Essential Public Health Service; Equalization; the Right to Health
6 Education Reform in 2014 and the Protection of Right to Education【Liu Yi】/105
Abstract: The right to education is not only one term of human rights, but also can promote the realization of other rights.In 2014, China has accelerated education reform, the protection of right to education has gained new achievements: the right to education of three groups has improved obviously, the distribution of compulsory education resources is more balanced, admission of high-quality high school is more fair, the gap between urban and rural areas’opportunity to higher education narrows further ,the scale of fiscal expenditure on Education from China’s central government increases constantly, and the sharing of top higher education resource in digital format improves constantly.But the protection of right to education in China is also facing challenges:regional gap of opportunity to higher education narrows slightly,performance-related pay system of teachers in primary and secondary schools needs perfecting and innovation of educational form is insufficient.
Keywords: The Right to Education; Education Reform; Compulsory Education Resources; Migrant Children
7 The Guarantee for Vocational Education Right【Zhou Wei, Zhong Hui】/122
Abstract: In 2014, with the new position of vocational education established in China, government has simultaneously proposed the innovation model of vocational education, improving quality of personnel training, supporting social forces running education, and consummating the policy support system and other measures.However, the protection rights of vocational education still remains challengeable, so all we should do is to speed up the adjustment of the structure of vocational education, strengthen social participation, improve basic vocational education system, and to tradicate the vocational education legislation system in four aspects for improving the existing security system.
Keywords: Vocational Education Right;Vocational Education System;Legal Guarantee
8 The Air Pollution Control and Legal Protection for Civil Health Rights【Zhang Mingtao】/137
Abstract: In 2014, china makes improvement in air pollution control, from revising law, carrying out the inspection of law enforcement, formulating supporting documents of“Air Pollution Prevention Action Plan”, strengthening information disclosure and public participation, regional cooperation, transforming the mode of development to establishing environmental resources tribunal.The legislative, administrative and judicial organs work together to combat air pollution, improve air quality and protect civil health rights.The work of air pollution control cannot meet the requirements of civil demand for air quality improvement.In order to protect public health rights, the management system should be perfected from increase in social responsibility for air clean, rationalization of environmental management system, further enhancement of information disclosure and public participation, improvement in regional cooperation of air pollution control to amelioration of pollution risk management and damage relief institution.
Keywords: Air Pollution Control; Health Rights; Legal Protection
9 New Progress on Judicial Protection of Rights to Environment【Tang Yingxia】/153
Abstract: In recent years, the increasingly serious environmental pollution and ecological destruction influenced the realization of the citizens’environmental right, and it has become a social hot issue which concerning every social member’s health and property interests.The protection of civil environmental rights and interests was explicitly mentioned in the two National Human Rights Action Plan, and was an important part in the revision of the Environmental Protection Law in 2014.In 2014,we’ve got remarkable achievements in the legal protection of environment, especially remarkable effect of environmental justice.The Environment Protection Law experienced four reviews before it was passed, and finally, environmental public interest litigation system was written.The Supreme People’s Court Tribunal set up Environmental tribunal, and a large number of Environmental tribunals emerged around China, and environmental justice became more professional.The Supreme People’s Court issued the Judicial Interpretation and Typical Cases, to guide the local environmental justice, and to improve the judicial protection of Environmental right.
Keywords: Rights to Environment; Judicial Protection; Environmental Public Interest Litigation; Environmental Tribunal
Civil and Political Rights
10 Restriction of the Death Penalty and Guarantee the Right to Life【Zhang Xiaoling, Liu Peien】/167
Abstract: The death penalty was extreme penalty deprivation of human life.Nowadays, restrict and abolish the death penalty has become an internationally recognized trend.Since the United Nations General Assembly in 1989 passed the Second Optional Protocol to the“International Covenant on Civil and Political Rights,”the international community has made significant progress in restricting the death penalty and the abolition of the death penalty, the state abolished the death penalty has now reached over 160.The constitution and laws in China attaches great importance to the guarantee of citizens’right to life, for the death penalty is the basic policy of“retain the death penalty, strict restrict to death penalty,prevent the wrong death sentence”. To the right of life is more and more attention, our government by law and strictly restrict the death penalty in the judicial reform to the attention of the right of life to guide society.
Keywords: Restriction the Death Penalty;The Right to Life;Human Rights Protection
11 China’s Anti-terrorism and Human Rights Protection in 2014【Gulazat Tursun】/184
Abstract: In 2014, China experienced several serious terrorist incidents.These terrorist incidents damaged the interest of state, society and citizens.They violated the rights of life, health, property, development and the right to be immune from horror.In order to protect these rights and punish the criminals in time, under the leadership of the State Anti-Terrorism Office, Xinjiang local government set up special act of terrorist punishment from May 23, 2014 to June 2015.At the same time, China NPC drafted the Anti-terrorism law and Criminal Law Amendment (9) while Chinese government strengthening international anti-terrorism cooperation.By doing so, China expressed its will to combat terrorism and protect human rights in terrorism incidents.
Keywords: Anti-terrorism; Human Rights; China
12 The Reform of the Household Registration System and the Equality of Resident Status
【Li Yunlong】/199
Abstract: The household registration system of China has not suitable for today’s economic and social development reality.The ultimate goal of household registration system reform is to realize the equality of citizen identity.A substantial relaxation of urban household registration restrictions will promote the process of urbanization Chinese.By 2020, 100 million countryman will register permanent residence in towns.The widespread implementation of the residence permit system will significantly improve the situation of floating population.
Keywords: The Household Registration System; Equality of Resident Status; Rights Protection
13 Establishing the System of Power Lists to Protect Citizens’Rights of Supervision and
Freedom【Liu Ming】/216
Abstract: Government information publicity not only is an important measure to ensure various government departments administrate according to law, but also is the basic premise to protect citizens’rights of supervision and freedom.“The Decision of Some Important Problems on Comprehensively Advancing the Rule of Law” passed by The Fourth Plenary Session of the 18th, stipulates explicitly that local governments and their departments carry out the System of Power Lists and make power running processes public.Since early 2014, governments at all levels have gradually established the System of Power Lists to ensure administrative examination and approval matters to the public, which contributing to the achievement of citizens’rights of supervision and freedom.However, there are still some aspects need to be improved to ensure the System of Power Lists function effectively.
Keywords: the System of Power Lists; the Right of Supervision; Rights of Freedom
14 A Study on Data Privacy of Chinese Citizens: Challenges and Responses【Wang Sixin, Li Wenlong】/234
Abstract: Data and Privacy becomes increasingly inter-connected in the era of big data, and meanwhile privacy protection is now heavily influenced by data practices.Data privacy is currently the focus of privacy protection that we need to attach importance to.The data revolution fueled by technological advances makes the privacy more important in the human right system, especially in the cyberspace.This study illustrates the relevant data privacy issues, analys the relationship between data and privacy, and shed light on data-related challenges.It mainly discuss the current measures taken by Chinese government in 2014, along with its impact and implications.The study aims to offer advice for development of Chinese privacy law.
Keywords: Data Privacy; Human Rights; Big Data
15 Open Justice and the Right to Know【Huang Shiyuan】/249
Abstract: In recent years,the Supreme People’s Court of the PRC has passed a batch of judicial documents concerning public trials, and the local people’s courts have made some progress in adopting various measures to promote the works of open justice, especially in constructing of Three Big Platforms, uploading judgment documents and live streaming of court trials to the Internet.But there are still some problems to be solved.The phenomena of selective openness and pro-forma openness are common.The judicial documents concerning public trials are not fully enforced.The supporting measures have not been taken.
Keywords: Open Justice; The Construction of Three Big Platforms; Uploading Judgment Documents to the Internet; Uploading Live Streaming of Court Trials to the Internet
Protection of Human Rights of Special Groups
16 The Protection of the Right to Work of Minority Nationalities in Xinjiang and Tibetan
Society【Chen Chao】/267
Abstract: The protection of the right to work is the basis and premise for basic constitutional rights of minority nationalities citizens.In recent years, the government of Xinjiang and Tibetan Society has taken a number of measures, including increasing jobs, formulating proportional employment policy, promoting minority nationalities students’employment, promoting the rural surplus labor employment, strengthening vocational training, to protect the right to work of minority nationalities successfully.However, to protect the right to work of Chinese minority nationalities citizens still face challenges.Chinese government needs to take measures from five aspects, including formulating specific guidance documents promoting the transfer of employment of minority nationalities, providing more jobs which only for minority nationalities, enhancing the employabilities of minority nationalities college students, developing Vocational Education, developing of green agriculture, to protecting the right to work of minority nationalities citizens better.
Keywords: Minority Nationality; The Right to Work; Xinjiang; Tibetan Society
17 Protection of Overseas Chinese People’s Human Rights in 2014【Liu Jie, Shi Dongxu】/289
Abstract: In 2014, various risks faced by overseas Chinese becoming diversified, which promote to increase the institutional building of our diplomatic and consular protection.That is, by strengthening consular protection, improve preventive protection mechanism, improve measures and post-incident emergency mechanism, efforts to create “the overseas livelihood projects”.However, the strengthening of human rights protection is still facing some difficulties.The Chinese government needs to improve support capabilities through participation in international affairs, at the same time, improve the human rights protection of overseas citizens from a legal perspective, in addition to increase the resources inputs and strengthen multifaceted cooperation of consular protection, then strengthen the protection of human rights.
Keywords: Overseas; Chinese People; Protection of Human Rights
18 Human Rights Impacts of Overseas Investments by Chinese Corporates under the “Going
Out”Strategy【Zhang Wanhong, Cheng Qian】/305
Abstract: This paper views the positive and passive human rights impacts of overseas investments by Chinese corporates under the “Going Out” strategy, from the perspective of human rights.It states the significance of respecting human rights principles in overseas investments, and provides suggestions regarding the improvement of human rights performances by Chinese Overseas Investments.
Keywords: “Going Out” Strategy; Overseas Investments; Human Rights Impacts
Human Rights Legislation and International Cooperation
19 Analysis Report on China’s Human Rights Related Legislation in 2014【Ban Wenzhan】/322
Abstract: In 2014, the NPC Standing Committee and the State Council of China continually and positively carried out human rights related legislative activities.As a result, several laws and regulations that having significant influence on human rights were enacted or amended.In particular, the legislation on administrative proceedings, environmental protection and social assistance has made remarkable development.In consideration of the unfinished tasks on human rights related legislation as well as the inadequacy and inappropriateness of the contents of some enacted or amended laws and regulations, both the NPC Standing Committee and the State Council still need to take necessary and effective measures to strengthen and improve their human rights related legislation works.
Keywords: Human Rights; Legislation; Law; Regulation
20 The Development of China’s International Cooperation and Exchanges in Human Rights
Field in 2014【Luo Yanhua】/340
Abstract: In 2014, China made new progress in conducting international human rights cooperation and exchanges.As for international cooperation, multilateral human rights cooperation is the major part for China.China got the approval of the second UPR, and received the deliberation of the Committee on Economic, Social and Cultural Rights and the Committee on the Elimination of Discrimination against Women on its performance reports.And China also kept good cooperation with the Office of the High Commissioner for Human Rights.In the aspect of international human rights exchanges, China promoted the exchanges both officially and non-officially.In the official level, China conducted several bilateral dialogues; in non-official level, human rights organizations are very active and did a lot of work in enhancing mutual understanding in human rights field.
Keywords: China; Human Rights; International Cooperation;International Exchanges
The Study of Human Rights Situation
21 An Analysis Report on Human Rights Papers Published on CSSCI Journals
during 2004-2014【Xu Yao, Zhu Xiaoxu and Wang Yan】/359
Abstract: There are 1975 papers on human rights which had been published on CSSCI periodicals during 2004-2014.If we make a research on their numbers, content, subject, financing, periodicals and so on, we can find that the government gives more and more support to human rights study.A lot of subjects studied the issue of human rights on their own perspective and these subjects are closely related to the different rights.Generally speaking, the content and perspective of human rights study is becoming more and more specific and many topics are focus on the hot issues.
Keywords: Human Rights Papers; Human Rights Project; Human Rights Study
22 National Institutes of Human Rights Education and Training: Retrospect and Prospect
【Zhang Xian】/373
Abstract: In order to implement National Human Rights Action Plan of China, Chinese government has established eight National Institutes of Human Rights Education and Training in universities.This paper aims to look back at their achievements in human rights education and training , theoretical studies, policy consultation, social services and international exchanges since their establishment.Besides that, the paper also focus on the selection and approval of the second batch of National Institutes of Human Rights Education and Training in 2014, explores the existing difficulties and problems in their development, and their prospect.
Keywords: National Human Rights Action Plan of China; National Institutes of Human Rights Education and Training; University
Ⅲ Research Reports and Case Studies
23 The New Progress in the Field of Legal Aid for Migrant Workers: Taking the Practice of
Beijing Zhicheng Migrant Workers’Legal Aid and Research Center as An Example
【Tong Lihua, Chen Siyuan】/384
Abstract: Playing an active role in protecting migrant workers’rights and promoting social harmony, Beijing Zhicheng Migrant Workers’Legal Aid and Research Center has established the legal aid model composed of specialization, legalization, mainstreaming, comprehensiveness, institutionalization and internationalization; summed up the characteristics of the legal aid for migrant workers including the weakening particularity, rising complexity, improving judicial environment and constant difficulty in case handling; realized the problems of the legal aid for migrant workers in specialization, resolving social conflicts, boosting legal aid civil societies and improving the efficiency of disputes settlement; and advised promoting the socialization of legal aid services, enhancing the ability of providing legal aid, strengthening labor supervision, exploring the reform modes of the labor arbitration and valuing the relationship between legal aid civil societies and governments, judicial authorities and other parties.
Keywords: Migrant Workers; Legal Aid; Zhicheng Model
24 The New Development of Social Organizations and Its Role in Human Rights Protection:
A Case Study of Wuhan【Ding Peng, Zhang Wanhong】/403
Abstract: The social organizations have boomed in 2014 in China due to the new registration system, increased government purchase and innovative management mechanism.As a result, its capability and influence in human rights protection, mainly through public service and advocacy, has been enhanced significantly.To strengthen this role in the future, the human rights awareness and legal professionalism must be improved among social organizations.
Keywords: Social Organization; Human Rights; Public Service; Advocacy
25 Survey Report of the Chinese Public’s Ideas on Anti-corruption【Zhang Yonghe, Zhu Linfang,
Liu Yunyun, Zhou Li, Yan Dong, Shang Haiming, Zhong Ke and Xiao Wu】/414
Abstract: Since the party’s 18th national conference, the new session of the CPC central which Xi jinping as general secretary using unprecedented strong hand to fight against corruption, has achieved remarkable success.The people are the important strength to rely on in the process of anti-corruption, so the study of people’s cognition, expectation and the evaluation about corruption is very important.The survey has found that, people’s understanding of corruption is broad and vague, inclined to associate the practices not belong to the corrupt practices with the corrupt practices.The People believe that, corruption situation of our country is serious, especially in political and administrative areas.Officials“in the middle of power ground”are more likely to putrefy.Putrefy money worship is the most outstanding type, and interactive corruption such as bribe is the most typical one.“Covet after wealth”is considered to be the immediate causes of officials to putrefy,and power without effective supervision and restraint is considered to be the primary cause of corruption.For how to prevent and combat corruption, people are more likely to support public officials’property, independent anti-corruption agencies, democratic and harsh punishment.For the High-Salary System, there was a big difference in the attitude of different groups.Civil servants are more likely to support it, while the ordinary people are more likely to against it.Taken as a whole, the people have confidence in the country’s anti-corruption work, but also fear, holding a cautious optimism.
Keywords: Chinese People; The Social Survey; Anti-Corruption Conception
Ⅳ Appendices
26 Chronicle of Human Rights in China in 2014【Xu Yao】/447
27 The Law and Regulations Enacted, Amended and Modified in 2014 that Directly Relate to
Human Rights【Ban Wenzhan】
This is the fifth Blue Book on China’s human rights, which focuses on the latest progress of China’s human rights cause in 2014. The book includes general reports, thematic reports, research reports and case studies, and appendices.
The general report reviews the new progress of China’s human rights cause in the process of comprehensive deepening the reform in 2014, analyzes the new requirements on China’s human rights development made by the Decisions on A Number of Major Issues of Comprehensively Promoting the Rule of Law made in the Fourth Plenary Session of the Eighteenth CPC Central Committee, and points out that the China’s human rights cause will enter into a new stage of comprehensive safeguarding human rights by rule of law.
21 thematic reports are focusing on the most important issues of China’s human rights cause in 2014. In terms of economic, social and cultural rights, 8 reports are related to the landless farmers’ rights, the right to social assistance, the right to health, the right to education and the protection of environmental right; in the area of civil and political rights, 6 reports discuss respectively the limiting the death penalty, the fight against terrorism, the reform of the household registration system, power list system, citizens data privacy protection, and the impact of the judicial openness on the human rights protection; in terms of the human rights protection for specific groups, 3 reports discuss the employment rights protection in Xinjiang, Tibet and four provinces of the Tibetan minority, the consular protection of overseas Chinese’s human rights, as well as the influence of the overseas investment made by the Chinese enterprises under the strategy of “going out” on human rights; in terms of the study of human rights, 2 reports analyze the papers on human rights published in the CSSCI Journals and the national human rights education and training bases respectively. In addition, according to past practice, there are 2 reports analyzing national human rights legislation in 2014 and the international human rights cooperation and exchange carried out by China.
In the part of research reports and case studies, 3 reports related to the legal aid for migrant workers, social organizations and the Chinese people’s awareness on anti corruption. 2 appendices related respectively to the Chronicle of China’s human rights in 2014 and the laws and regulations enacted, amended or modified in 2014 that directly related to human rights.
All reports are written with serious attitude and follow the blue book requirements on authority, frontier, originality, positive, forward-looking and timeliness. The authors try to realistically reflect the actual development of China’s human rights cause in 2014, objectively analyze the progress and the problems, and make policy recommendations to promote the protection of human rights and prediction on the prospects of China’s human rights cause on the basis of a full study.