英文摘要

Commentaries on Chinas Top 10 Cases of Judicial Protection for Human Rights in 2022

Words from the Moderator： In 2022， Peoples Courts at all levels of China， guided by Xi Jinpings Thought on Socialism with Chinese Characteristics for a New Era， have thoroughly implemented Xi Jinping Thought on the Rule of Law， adhered to the principles of matching and serving the overall situation， practiced justice impartially for the people， and have consistently taken realizing， safeguarding， and developing the fundamental interests of the people as the starting and foothold point， striving to solve the urgent， complicated， and worrying problems encountered by the people in filing lawsuits， strengthened the judicial protection for human rights， and promoted social justice.

On January 20， 2022， the Supreme Peoples Court published the Highlights of the Work of the Peoples Courts in 2022. In order to implement the works， the Supreme Peoples Court has issued， separately or jointly with the Supreme Peoples Procuratorate and other departments， the Interpretation on the Application of Punitive Damages to the Trial of Disputes over Ecological and Environmental Tort， the Interpretation on Several Issues on the Application of Law to the Cases Involving Judicial Compensation for Enforcement， the Interpretation on Several Issues on the Application of the General Provisions of the Civil Code of the Peoples Republic of China， the Provisions on Several Issues on the Cases of Administrative Compensation， Provisions on Several Issues Concerning the Application of Law in Handling Cases of Personal Safety Protection Orders and other judicial interpretations， as well as judicial documents such as Opinions on Further Promoting the Pluralistic Settlement of Administrative Disputes， Opinions on Strengthening the Implementation of the Personal Safety Protection Order System and Opinions on Strengthening the Judicial Protection of Intellectual Property Rights of Traditional Chinese Medicines， etc.， and has issued six series of 33 guiding cases， and typical cases on the implementation of the Civil Code， judicial protection of the rights and interests of minors， protection of the rights and interests of consumers， protection of the rights and interests of the elderly， assisting the development of small and medium-sized enterprises， and judicial protection of biodiversity， guiding the peoples courts at all levels to perform their duties in accordance with the law. Peoples courts at all levels have conscientiously implemented the requirements of the Highlights， in criminal， civil and administrative trials， enforcement and judicial assistance areas， effectively protected the legitimate rights and interests of the parties concerned， and achieved sound legal， social and political effects.

The primary source of Chinas "Top Ten Cases of Judicial Protection for Human Rights in the Year 2022" selected by this Journal is the guiding cases and typical cases issued by the Supreme Peoples Court from February 2022 to May 2023. In addition， the "Top Ten Cases of the Peoples Court in 2022" selected by the editorial board of the Peoples Court Daily， and the "Top Ten Cases of the New Era to Promote the Rule of Law in 2022" selected by the Supreme Peoples Court and China Media Group are also the important sources.

The first case is excerpted from Guiding Case No. 185. This case is of great significance as a guide for protecting the right to equality in employment and against discrimination based on factors such as geography and gender， which are not necessarily related to the "inherent requirements of the job".

The second case is selected from the Typical Cases No. 2 of "Peoples Court Helping to Construct a Unified National Market，" released by the Supreme Peoples Court on July 25， 2022 . In releasing the case， the Supreme Peoples Court stated， "The fact that Zhang Wenzhongs case was initiated for retrial and acquitted fully， reflects the Central Committee of CPCs determination in equal protection of the property rights of all types of economic ownership in accordance with the law， including the private sector， and determination in elimination of policy， legal and institutional barriers as well as the constraints of traditional concepts affecting the survival and development of private enterprises， and its unwavering efforts to encourage， support， and guide the development of private sector. It has also demonstrated the strong determination of the Peoples Courts to fully play the adjudication functions， effectively strengthen judicial protection of property rights， and firmly hold the responsibility of rectifying any mistakes. As for properly hearing cases involving property rights formed in history in accordance with the law， peoples courts strictly follow the principles of the punishment and correlated law， evidence-based adjudication， and the principle of presumption of innocence， strictly prohibit treating economic disputes as economic crimes， and general violations of the law as criminal offenses， and effectively protect the legitimate rights and interests of entrepreneurs， and promote the sustained and healthy development of the economy and society. This is with a prominent practical significance."

The third case is selected from Typical Case No. 6 of "Peoples Court Helping to Construct a Unified National Market." This case is the first judicial reorganization of a listed company in the automobile and motorcycle industry in China. The enterprise crisis was resolved through judicial reorganization， the legitimate interests of more than 60，000 small and medium-sized investors and 5，700 employees were safeguarded， and the normal production and operation of more than 1，000 enterprises in the upstream and downstream industrial chain were protected.

The fourth case is selected from Case No. 15 of the "Typical Cases of Peoples Courts Implementing the Civil Code （Second Series）" issued by the Supreme Peoples Court on January 12， 2023. This is a typical case in which the Peoples Court protected the rights and interests of an enterprises name and trademark in accordance with the law. The trial court ruled to impose severe penalties by applying punitive damages， increasing compensation， recognizing joint infringement， and ordering the cessation of the use of the trademark， which strongly protected the intellectual property rights and related rights of the right holders.

The fifth case is selected from Case No. 5 of the "Top Ten Cases of the Year 2022 for Promoting the Rule of Law in the New Era"， jointly selected by the Supreme Peoples Court and China Media Group. The case is the first securities infringement case in China to implement the prioritization of civil compensation. The reasons for the selection of the case are： the case has unlocked the "last step" to apply the principle of prioritizing civil liability and is a "benchmark" case for strengthening the protection of investors rights and interests， which is of great significance for safeguarding the healthy development of the capital market and boosting the confidence of investors； in terms of the principle of prioritizing civil compensation， the case is the first securities infringement case in the country to implement the principle of prioritizing civil compensation. It is of great significance for safeguarding the healthy development of the capital market and boosting investor confidence； it is a systematic progress in the realization mechanism of the principle of prioritizing civil compensation. The case is also the first case of complex manipulation infringement in the major stock exchange market in China， setting up an example for civil compensation for transaction-based manipulation.

The sixth case is selected from Case No. 4 of the "Top 10 Peoples Court Cases of 2022" by the Peoples Court Daily editorial board. In this case， the Court of Second Instance held that the right to life is the highest personality interest of a natural person and is the core value that law and morality jointly uphold. The Court of First Instances decision that Liu Nuanxi should be liable for the infringement of the right to life was based on the provisions of the law， and was in line with the tradition of friendship and mutual assistance and should be upheld.

The seventh case is selected from Case No. 11 of the "Typical Cases of the Peoples Courts Implementing the Civil Code （First Series），" issued by the Supreme Peoples Court on February 25， 2022. The case is also Case No. 1 of the "Top Ten Nominated Cases in the New Era of Promoting the Rule of Law 2022". This case is the first civil public interest litigation case in China to apply the punitive damages provisions of the Civil Code to environmental pollution. In addition to ordering the defendant to bear the costs of ecological environment restoration， environmental functional losses， and other compensatory costs， the trial court adopted the calculation method of "base + multiplier"， and decided to use the costs of environmental functional losses as the base for calculation in light of the specific circumstances of the case， and to take into account the degree of the infringers subjective fault， the gravity of the consequences， the infringers financial capacity， the attitude to compensation， the administrative sanctions imposed on the infringer， and the amount of compensation and other factors to determine the multiplier， and then the final amount of punitive damages， which provides a valuable reference for the correct implementation of the system of punitive damages for environmental pollution and ecological damage.

The eighth case is selected from Case No. 13 of the "Typical Cases of Peoples Courts Implementing the Civil Code （First Series）" issued by the Supreme Peoples Court on February 25， 2022. This is the first case in which Article 1254 of the Civil Code was applied to determine the liability of the person who threw an object from a height， thus effectively safeguarding the "overhead safety" of the people.

The ninth case is selected from Case No. 3 of "Judicial Protection of Minors Rights and Interests" issued by the Supreme Peoples Court on March 1， 2022. The case is also Case No. 5 of the "Top Ten Cases of the Peoples Courts in 2022" selected by the editorial board of the Peoples Court Daily. It is the first case in China to apply the Family Education Order， which is of great guiding significance in urging guardians to fulfill their guardianship duties and creating a favorable family atmosphere in the whole society to safeguard the healthy environment for the minors.

The tenth case is taken from Case No. 11 of the "Typical Cases of Peoples Courts Implementing the Civil Code （Second Series） issued by the Supreme Peoples Court on January 12， 2023. The court of this case upheld the plaintiffs request to visit her granddaughter in accordance with the law， meeting the plaintiffs claim for the protection of "grandparents visitation rights"， which was in line with the purpose of the legislation of the Civil Code and the promotion of socialist core values and was of positive significance in safeguarding the physical and mental health and growth of minors， as well as the lawful rights and interests of the elderly.

World Conference on Human Rights， Vienna - A Milestone in History

SUN Shiyan

（Institute of International Law， Chinese Academy of Social Sciences； School of Law， University of Chinese Academy of Social Sciences）

Abstract： The World Conference on Human Rights， held in Vienna from 14 to 25 June 1993， was a milestone in the history of international human rights， laying the foundation and outlining the works of human rights protection by the United Nations for the following three decades， and was far more significant than the International Conference on Human Rights， Teheran， 1968. In three and half years， the Preparatory Committee of the World Conference on Human Rights had four meetings before it was successfully held in 1993. Regional conferences had also been held respectively in the African， Latin American and Caribbean， and Asian countries， which had consequently passed the Tunis Declaration， the San José Declaration， and the Bangkok Declaration. The World Conference on Human Rights was held in a new international context when the cold war ended， with participants having different perceptions of its goals and demands on the agenda. The Vienna Declaration and Program of Action， adopted by consensus through the conference， is a comprehensive document that endeavors to harmonize and reflect the common positions of the participants on all critical human rights issues. At the time of the World Conference on Human Rights in Vienna - and still today - there were different， even irreconcilable， positions and understandings of human rights， none of which could represent the essence of human rights. All States had to reconcile their differences to achieve one of the priorities of the international community， namely， the protection and promotion of human rights. Moreover， the participation of States alone is not enough to achieve common ground because， as declared at the beginning of the United Nations Charter， it is the "peoples" of the countries united "with the determination ...... to reaffirm fundamental human rights"（We， the Peoples）， not Governments. Therefore， the diversity of participation in the World Conference on Human Rights guaranteed the representativeness， plurality， and legitimacy of its deliberations and conclusions. The World Conference on Human Rights lasted three and a half years， from the day of "commencement" to "conclusion，" during which time there were numerous meetings， events， endless negotiations， and disputes. Despite the controversies and tensions， the World Conference on Human Rights unanimously adopted the Vienna Declaration and Program of Action. Although it was born of compromise and can only be born of compromise， it is a long and complex document. It represents the adaptation of different human rights positions and perceptions， thus ensuring the enduring vitality of the Vienna Declaration and Program of Action. The Vienna Declaration and Program of Action is significant in that it ultimately reaffirms the human rights nature of being universal and indivisible， which continues to guide the human rights program and work of the United Nations.

KEY WORDS： World Conference on Human Rights； Vienna Declaration and Program of Action； the human rights nature of being universal and indivisible； International Conference on Human Rights， Teheran

Toward a New Vision of Global Human Rights Governance： The Vienna Declaration and Program of Action and its Implications for the Development of Human Rights in China

ZHANG Wanhong， XU Wenna

（Law School， Human Rights Institute， Wuhan University； Law School， Wuhan University）

Abstract： As a landmark in the history of international human rights， the Vienna Declaration and Program of Action （VDPA） has contributed to shaping the way global human rights developments over the past 30 years and demonstrated that human rights research and practice have entered a new ear after the "Cold War". By recognizing third-generation human rights， such as the right to development， the right to selfdetermination， and the right to a healthy environment， the Vienna Declaration and Program of Action enriched and developed the traditional concept of human rights， proclaimed the unity of human rights in their specificity and universality， and reached a common understanding of the concepts and attributes of human rights. The Vienna Declaration and Program of Action envisioned a global framework for the protection of human rights， promoted the United Nations human rights mechanisms and national human rights protection mechanisms， facilitated the establishment of the United Nations High Commissioner for Human Rights， and strengthened the coordination of United Nations human rights works. It provided direction for constructing a national human rights protection mechanism at the three levels： institution building， action plan， and human rights education. The Vienna Declaration and Program of Action laid the groundwork for an "era of implementation" of human rights and provided guidelines for international human rights cooperation. It confirmed the status， rights and obligations of non-governmental organizations and promoted the development of nongovernmental organizations and other social forces. Although the Vienna Declaration and Program of Action was written 30 years ago， in this new era， we can once again find essential inspiration in re-exploring its value and historical significance， and examining the course and direction of Chinas human rights development in the light of it. First， we should adhere to the path of human rights development with Chinese characteristics. We should continue to carry forward the spirit of the Vienna Declaration and Program of Action， combine the principle of universality of human rights with the"specialty" and human rights practices in China， and stick to the path of human rights development that is in keeping with the trend of the times and suited to Chinas national conditions. Second， Chinas human rights protection mechanism should be improved. It is necessary to set up a specialized institution of national human rights protection， and to carry out human rights education in line with the development of Chinas human rights culture. Finally， global human rights governance should be steadily promoted. It is necessary to take complete account of and respect the diversity of civilizations， to forge a worldwide consensus on the community of common destiny for mankind， and to facilitate the development of global human rights governance.

KEY WORDS： Vienna Declaration and Program of Action； human rights protection mechanism； global human rights governance

Whole-process Peoples Democracy from the Perspective of the Marxist View of Human Rights

ZHAO Jun， GAO Qi

（School of Marxism， Shandong University； School of Marxism， Shandong University）

Abstract： Since the 18th CPC National Congress， China has gradually deepened its understanding of the rules of socialist democratic political development， put forward the critical concept of whole-process peoples democracy， and continued to develop and improve the institutional system of whole-process peoples democracy. Chinas whole-process peoples democracy is a democracy deeply integrated with the Marxist view of human rights， which is mainly reflected in the fact that the Marxist view of human rights is an essential theoretical support for whole-process peoples democracy， providing a scientific theoretical source for whole-process peoples democracy， endowing it with a profound value base， and constructing a sound scale of practice. Whole-process peoples democracy is the latest practical expression of the Marxist view of human rights， which gives the value of the Marxist view of human rights a systemic carrier， a contemporary expression that can be fully manifested in the new era， and an effective form that can be put into practice.

The Marxist view of human rights is a scientific concept dedicated to the search for human emancipation， free and comprehensive development， and whole-process peoples democracy is the defining feature of socialist democracy； it is democracy in its broadest， most genuine， and most effective form with Chinese characteristics； both reflect advanced concepts in the field of democracy and human rights and are closely linked in terms of their interactive fusion and mutual promotion， as well as their mutually embedded development. The main characteristics inherent in the Marxist view of human rights have been fully manifested in the institutional structure and practical operation of whole-process peoples democracy in China.

From the perspective of the Marxist view of human rights， we can better understand the historical nature of whole-process peoples democracy， the peoples nature of always adhering to the peoples position and working for the peoples wellbeing， the social nature of running through all aspects of multiple domains of the real society， and the practical nature of having a series of complete systematic procedures and operational mechanisms to guarantee it， which are distinctive theoretical qualities that emphasize the value connotation of the Marxist view of human rights. These distinctive theoretical qualities all emphasize the value implications of the Marxist view of human rights.

In this new era and new journey， whole-process peoples democracy has raised the flag of the Marxist view of human rights， made Chinese contributions to the inheritance and development of the Marxist view of human rights in the new era， provided a new path to break the dogma of Western-style democracy with its unique advantages and brand-new logic of discourse， and provided new guarantees for the long-term governance of the Communist Party of China （CPC） with its powerful democratic supervision and the spirit of self-revolution.

Looking to the future， the construction of a solid modern socialist state has put forward higher-level requirements for the development of democracy and human rights in China， and a profound understanding of the human rights implications of whole-process peoples democracy will be conducive to continuing to be guided by the Marxist view of human rights， adhering to the path of Chinas human rights development， advancing the improvement and implementation of whole-process peoples democracy in all aspects， and continuously enhancing Chinas international discourse in the field of democracy and human rights.

KEY WORDS： Marxist view of human rights； whole-process peoples democracy； people-centered； human emancipation

Mode of Criminal Procedure for the State to Respect and Protect Human Rights

XIE Jinjie

（Law School， Sun Yat-sen University）

Abstract： Choosing a mode of criminal procedure is essentially a proposition about how the State treats its citizens， how the system treats people， and how it modernizes its governance. The actual mode of criminal procedure in the Peoples Republic of China shows increasingly prominent features and effects of human rights law， law restricting administrative power， and procedural law. However， it is still primarily a crime-control-oriented rather than a power-limit-oriented procedure， and the Criminal Procedure Law is still a "power-grant law" to control the crimes. Since 1949， the view of criminal procedural governance in China has changed from the "old monism" with the core of "disclosing crimes， verifying crimes， and punishing crimes" to the "old dualism" with the core of "fighting the enemy and protecting the people，" and then to the "new dualism" with the core of "punishing crimes and protecting human rights". However， the "new dualism" still causes the dilemma of the balance of interests and the choice of values in constructing the system and its practice. In this regard， it is essential to reflect on its value and structural shortcomings， to fully understand the nature of the criminal procedure law and its contemporary mission， to establish a "new monism" with the core that "the State respects and protects human rights，" and to move gradually towards the ideal mode of "one focus， two footholds and one mainline"， specifically illustrated as "the States respect for and guaranteeing human rights as the center of gravity， the control of crime and power as the footholds， and the due process as the main line." "States respecting and protecting human rights" is a"center of gravity"， addressing the propositions at the level of value theory of criminal procedure； "control of crime" and "control of power" are two "footholds"， addressing the propositions at the level of the ontology of criminal procedure； "due process" is a"mainline" running through the criminal procedure. The above three factors constitute the core elements of the theory of criminal procedure mode and construct the basic framework of the criminal procedure. The essential attribute of contemporary criminal procedure （law） is not only a "procedural law" - to provide the operating procedures of criminal governance practice and ensure the legitimacy of the criminal governance process， and a "power-grant law" - strictly limited to the legitimate scope and necessary limits of crime control， but a "restriction law" - regulating the legitimacy of the States power to control crime， a "human rights law" - to serve the fundamental concept and ultimate goal of the State to respect and protect human rights， while the "new monism" essentially follows and highlights the reflective view of criminal procedure（law）， which is intrinsically compatible with the nature and mission of contemporary criminal procedure （law） and fully embodies the rule of law ideology of "adhering to the people-centered approach" and practicing the rule of law "for the sake of the people， dependence on the people， for the benefit of the people， and for the protection of the people." In order to move towards a criminal procedure mode in which the State respects and protects human rights， it should focus on enhancing the functional requirements for controlling power， highlighting the application of the methods and principles of due process， continuously optimizing the best fit between crime control and power control， and realizing the modernization of criminal procedure governance.

KEY WORDS： criminal procedure； modernization of governance； the States respecting and protecting human rights； new monism， ideal mode

On the Compensation Distribution for Expropriation of a Commercial Rental Property with Business Suspended

LIANG Hongxia； OU Miao

（Administrative Law School， Southwest University of Political Science and Law； Administrative Law School， Southwest University of Political Science and Law）

Abstract： When the owner of the house is not the factual producer or business operator during the lease term in the house， there is a great deal of controversy as to how the compensation for loss of production and business after expropriation of a house is to be allocated between the owner and the tenant. From the legislative perspective， the compensation distribution for house expropriation has undergone several changes， and the protection of the tenants rights have gradually weakened. Since the tenant does not have the title of the property， current laws favor the owner of the house to be the first to receive the compensation for expropriation， and only a few local ordinances have creatively stipulated the "Priority of Agreement" rule， as well as that the tenant may receive compensation directly when even in some cases there is no agreement or when the agreement is not explicit. From the perspective of judicial practice， it has yielded inconsistent results as to whether the tenant can receive compensation. The courts judgments are divided into two categories： one is that the compensation for the loss of business being suspended is attributed to the owner of the house alone， and the other is distributed between the owner and tenant. Nevertheless， in general， by the principle of fairness in civil law， most courts hold that the tenant should get part of the compensation for the loss. Hence， the legislation and judicial decisions on the compensation for the loss are widely divergent. Theoretically， both the owner and the tenant should be entitled to compensation for the loss. First of all， as for the causal relationship of the compensation， on the owner of the house side，it is believed that the expropriated house is the premise of engaging in production and business activities； on the tenants side， it holds that the actual business activity is the direct cause of the compensation for the loss. Both of them are indispensable. Secondly， in terms of obtaining compensation for loss， the owner is responsible for providing the title certificate of the property to prove that the house is non-residential， and the tenant is to provide the corresponding business license， proving the existence of the business， both sides contributed to the compensation for loss； Additionally， speaking of the consequences of the expropriation， the tenant is bound to suffer losses， and so does the owner due to the loss of rent because of the expropriation， which altogether demonstrates that the compensation should be beneficial to the owner and the tenant. Therefore， based on the principle of fairness in civil law， the legislation should stipulate that both the owner and the tenant are entitled to receive compensation， which is conducive to the voluntary and efficient vacating of the house by the tenant and facilitates the process of the expropriation as well. Precisely， it should determine the amount of compensation to the owner regarding the loss of rent and the tenant concerning the actual loss of business， and the local legislation can also specify the exact distribution ratio accordingly. Besides， to better protect the tenants rights， the law should grant the tenant the right to apply for administrative reconsideration and file an administrative complaint if he/she is unsatisfied with the compensation.

KEY WORDS： expropriation of a house； loss of suspended business； compensation distribution； the tenant of the house； the owner of the house

State Obligations and the Fulfillment Paths to Protect the Rights of Digitally Vulnerable Groups

NIE Shuaijun

（Law School， Henan University）

Abstract： The rapid development of information technologies such as big data and artificial intelligence is constantly changing societys traditional way of life and triggering changes in the social structure. While these information technologies have brought great convenience to peoples lives， they have also adversely affected the travel， education， and medical care of many groups. This group of people who cannot skillfully use information technology is summarized as the digitally vulnerable groups. The protection of the rights of digitally vulnerable groups naturally involves the issue of State obligations， which is the fundamental guarantee for the realization of the protection of the rights of digitally vulnerable groups. The proposition of State obligations for the protection of the rights of digitally vulnerable groups can be theorized from the three levels for further discussion： why， what and how.

It is a constitutional question whether the State has a legal obligation to protect the rights of digitally vulnerable groups， which has both a constitutional value in human dignity and a normative basis in the States objectives and fundamental rights provisions of the Constitution.

Article 38 of the Constitution of the Peoples Republic of China provides the constitutional value for the States obligation to protect the rights of digitally vulnerable groups. First， the "human dignity" clause is the value on which public power is exercised. Secondly， the "human dignity" clause emphasizes the value of respect for human subjectivity. Finally， the "human dignity" clause requires the sustaining of the value of human autonomy. As a constitution that respects and upholds human dignity，it should pay full attention to the subjectivity and autonomy of human beings in the context of the digital era and take the protection of the rights of digitally vulnerable groups as the pursuit of value. Therefore， to ensure that the human dignity of the digitally vulnerable groups is not infringed upon and to respond to the rights of the"technologically illiterate" who are excluded from digital life in a timely manner， has become a constitutional obligation that the State must fulfill. The objective basis of the States obligation to protect the rights of the digitally vulnerable groups lies in the National Objectives Clauses， including the Socialism Clause， the Production and Social Security Clause， the Education Clause， and the Science and Technology Clause. The four national goal clauses set the constitutional obligation for state organs to promote and popularize information technology in the digital transformation process. Fulfilling the obligation requires the State to guarantee the digitally vulnerable groups equal access to and use of information as the fundamental direction to pursue the value of social equality. On the relationship between rights and obligations， the fundamental rights of citizens require and derive from the legal obligations of the State. The"established fundamental rights provisions" plus "human rights provisions" plus"human dignity provisions" together constitute the constitutional normative basis of the rights of digitally vulnerable groups.

In terms of objective， the State obligation to protect the rights of digitally vulnerable groups is to realize the justice of data distribution； in terms of content， the state obligation to protect the rights of digitally vulnerable groups consists of three levels， namely the obligation to respect， the obligation to protect and the obligation to pay. The obligation to respect is manifested in the prohibition of direct infringement of public power and the restriction of the exercise of public power. The obligation to protect not only requires the State to protect the rights of its citizens， but also emphasizes the governments duty to supervise. The obligation to pay mainly relates to material， service， and procedural benefits. In terms of implementation， the cost of the government budget determines the extent to which the States obligation to protect the rights of the digitally vulnerable groups is realized. In the case of a limited budget，the rights of the corresponding subjects should be effectively guaranteed following the value orientation.

The States obligation to protect the rights of digitally vulnerable groups depends on the cooperation of the legislature， the executive， and the judiciary. The legislature should promptly abolish or amend the relevant branch laws that are not adapted to the digital age， broaden the scope of rights subjects， expand the content of rights types， and develop a dual-obligation subject model for the State and society by establishing the basic principles of digital human rights and adhering to the principle of equality. The obligations of the State shared by administrative organs are reflected in their functions of paying， guiding， and supervising. The paying function mainly consists of material and service payments， the guiding function consists of the promulgation of administrative plans and the implementation of administrative guidance and administrative interviews， and the supervisory function requires， on the one hand， the formation of rules and standards beforehand， and on the other hand， the provision of procedural relief afterward. The States obligations to the judiciary are reflected in the public interest lawsuits and procuratorial recommendations brought by the Public Prosecutors Office， as well as in the individual rights remedies provided by the courts， the issuance of typical cases， and the provision of technical assistance， to timely facilitation of social harmony and stability through judicial remedies.

KEY WORDS： digitally vulnerable groups； protecting rights； digital human rights； state obligations