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Abstraction Vol.50, No.4

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Human Rights Studies
Introduction
Chien- Feng Wei

Special Issue Article
1. An Examination on the Implementation of the Two Covenants After Two Years: With a Focus on Judicial Practice
Wen-Chen Chang  Associate Professor, College of Law, National Taiwan University

2. Situations and Worries on Hong Kong’s Human Rights Development
Yiu-Kwong Chong  Solicitor; Teaching Fellow, Hong Kong Institute of Education; 
                             Deputy Chair of HK Human Rights Monitor
Hiu-Chung Kwok  Officer, Hong Kong Human Rights Monitor

3. The Chinese Communist Regime’s Human Rights Position Based on Its Policy Programmes
Joseph Yu-Shek Cheng  Coordinator, Contemporary China Research Project, City University of Hong Kong

Research Article
1.  A Study of the Writing Year of Zhu-Zi’s Zhong He Four Letters”
Hong-Wen Huang  Part-time Lecturer, General Education Center, National Taichung University of Science and Technology

Research Note
1. Emotions and Social Critiques: Emotional Explanation of Human Beings’ Social Actions
Ya-Chen Chang  Research Assistant, Division of Preventive Medicine and Health Services Research, Institute of Population Health Sciences, National Health Research Institutes, Taiwan; Master of Arts, Department of Sociology, Lancaster University, UK

  


Research Article

An Examination on the Implementation of the Two Covenants After Two Years: With a Focus on Judicial Practice

Wen-Chen Chang
Associate Professor, College of Law, National Taiwan University

In 2009, Taiwan ratified the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). An Implementation Act was also passed to make the rights enshrined in the two Covenants directly applicable. The initial reports on the two Covenants were released in April 2012. Despite these seeming accomplishments, the implementation of the Covenants still requires a close examination from a legal perspective.
Having examined the practice of legislative, administrative and judicial branches on their respective implementations, this Article finds that there remains much space for improvements. Many laws and policies stay unchanged even after two years of implementation. While courts began to apply the two Covenants, the number of such direct application – albeit on a steady rise – is still not enough. The most referenced right concerns the right to life in criminal cases. This Article concludes by calling for greater attention on the implementation of the two Covenants in order to improve human rights protections in Taiwan.

Keywords: Human Rights, State Obligations, ICCPR, ICESCR



Situations and Worries on Hong Kong’s Human Rights Development

Yiu-Kwong Chong  Solicitor; Teaching Fellow, Hong Kong Institute of Education; Deputy Chair of HK Human Rights Monitor

Hiu-Chung Kwok  Officer, Hong Kong Human Rights Monitor

As a developed region, the human rights situations of Hong Kong are not up to standard. The development of human rights after the handover of Hong Kong to mainland China is closely connected to the following factors: Hong Kong as part of mainland China, the implementation of “One Country, Two Systems” and the interaction between Hong Kong Government, business sector and civil society.
With reference to the Concluding Observations adopted by various United Nations Human Rights Treaty Bodies, this article analyzes situations and worries on Hong Kong’s human rights development. These include (1) interactions between Hong Kong’s and Chinese Government under the principle of “One Country, Two Systems”, (2) the Hong Kong Government is not sincere in promoting human rights; and (3) the Hong Kong Government believes in market-led economic policy and the business sector is allowed to enjoy political and economic privileges.
This article points out that under current political and economic structure, lack of genuine democracy in Hong Kong, no universal suffrage is the main obstacles of Hong Kong’s human rights development.

Keywords: Human Rights, Basic Law, “One Country, Two Systems”, Democracy, Rule of Law



The Chinese Communist Regime’s Human Rights Position Based on Its Policy Programmes

Joseph Yu-Shek Cheng  Coordinator, Contemporary China Research Project, City University of Hong Kong

This article aims to understand the Hu Jintao administration’s position on human rights through an examination of its policy programmes. Chinese leaders understand that rapid economic development has a severe impact on social stability. Vested interests pose resistance to liberalization; but the leadership is also reluctant to accept effective checks and balances mechanisms limiting the Party regime. As a result, media freedom and the role of the people’s congress system expanded little in the initial years of the Hu administration. In this context, dissidents and the human rights movement have encountered greater pressure. The Chinese authorities intend to create a deterrence effect. From the boycott of Liu Xiaobo’s Nobel peace prize to the suppression of Ai Weiwei and Chen Guangcheng, Chinese leaders are willing to pay the price in terms of damages to China’s intentional image to maintain the deterrence. While China spends substantial resources to develop its soft power, it accepts the tarnishment of China’s image, thus reflecting the regime’s priorities. After all, suppressing the threats to the Party regime is regarded most important.

Keywords: Human rights position, policy programmes, Chinese Communist Party’s monopoly of power, economic development, maintenance of stability



Research Article

A Study of the Writing Year of Zhu-Zi’s Zhong He Four Letters”

Hong-Wen Huang  Part-time Lecturer, General Education Center, National Taichung University of Science and Technology

Heretofore, the has been a lot of complicated archives and clues to discuss the writing year of Zhu-Zi’s “Zhong He Four Letters”. They both use a sentence from the third letter in “Da He-Shu-Jing”, which says “The enlightended or unenlightended mind is the same mind “, to comply with the thought of “Zhong He Four Letters”. The kind of saying doesn’t mention ways of real practice and ignores that the above guoted sentence should be regarded as a common pursuit to a stable state of mind for Confucian followers. Besides, they neglect that there are many words in “Da He-Shu-Jing” in memory of their deceased teacher Li-Yan-Ping. This emotion contradicts “Zhong He Four Letters”. Since it is proven that “Da He-Shu-Jing” was written in 1166, it is then proven that “Zhong He Four Letters” was not written in 1166. As a result, we can follow Qian-Mu’s textual research that “Zhong He Four Letters” was written in 1168.

Keywords: Zhu-Zi, “Zhong He Four Letters”, Nan-Xuan, He-Shu-Jing, Shu-Jing-Nan



Research Note

Emotions and Social Critiques: Emotional Explanation of Human Beings’ Social Actions

Ya-Chen Chang  Research Assistant, Division of Preventive Medicine and Health Services Research, Institute of Population Health Sciences, National Health Research Institutes, Taiwan; Master of Arts, Department of Sociology, Lancaster University, UK

The role of emotions should be properly emphasized while people conducting social critiques. By reviewing the debate about the dualism of reason and emotion, and relationships between them, the intelligence of emotion is highly recognized in this article. Meanwhile with addressing concepts of normative thought in moral philosophy, later the connection between emotions, especially moral emotions in this context, and human beings’ social actions is being made. That is emotion motivates people conduct social critiques, and emotion helps to change the world to fit performers’ ideas. Finally, by extending the thoughts to moral imaginations and the ethic of care, to further support the idea of everyday practice of emotions to care in this social world.

Keywords: dualism, normative, motivation, compassion, moral imagination