Keywords: Paris Principles; National Human Rights Institution; Human Rights Commission

 

Since 1946, a new type of mechanism—national institutions for promoting and protecting human rights—has formed. “This type of institutions has, although established nationally, been defined in the framework of United Nations with the primary aim of improving national human rights performance.”¹ The Paris Principles for the establishment and functioning of national human rights intuitions (NHRIs) were defined at International Workshop on National Institutions for the Promotion and Protection of Human Rights, Paris, 7-9 October 1991.²

 

 

Some Chinese scholars classify the responsibilities of a NHRI into the following six types: reconciling the conflicts between the state and the society, remedying the defect of the human rights protection functions, forming the human rights cultures through legal relief, expanding the scope of human rights protection, making human rights policies, and carrying out human rights education actively.³ From the international perspective of human rights, NHRIs play the roles of “actors for change,” ⁴ “urgers for reason”⁵ and “protectors for rights,” which make them possible for protecting human rights. China has accumulated rich experiences of promoting and protecting human rights from its long-term participation in international human rights protection activities, and has established a whole set of human rights protection mechanism: Promotion and protection of human rights are realized through the coordination of multiple departments, among which legislative, administrative and judicial authorities are basic institutions in human rights protection.⁶

 

 

Currently, China has no NHRI in line with the Paris Principles, because the various functions of the NHRI are shouldered by different government departments, as well as some non-governmental organizations (NGOs).

 

 

According to the Paris Principles, the NHRI shall “submit to the Government, Parliament and any other competent body, on an advisory basis either at the request of the authorities concerned or through the exercise of its power to hear a matter without higher referral, opinions, recommendations, proposals and reports on any matters concerning the promotion and protection of human rights.” In China, this function is implemented by judicial and administrative authorities, and the discipline inspection commissions of the Communist Party of China.

 

 

According to the Paris Principles, the NHRI shall “examine the legislation and administrative provisions in force, as well as bills and proposals, and shall make such recommendations as it deems appropriate in order to ensure that these provisions conform to the fundamental principles of human rights.” According to the Legislation Law of the People's Republic of China, reviewing legislation is conducted by a legislature’s higher-level department, for example, the National People’s Congress (NPC) reviews autonomous regulations or separate regulations made or ratified by the NPC Standing Committee; reviewing legislation is also requested in a written form by public organizations, enterprises and institutions or citizens which consider that administrative regulations, local regulations, autonomous regulations or separate regulations contradict the Constitution or laws and then submitted to the NPC Standing Committee.

 

 

According to the Paris Principles, this type of function can de divided into three specific ones: First, the NHRI shall “draw the attention of the Government to situations in any part of the country where human rights are violated and make proposals to it for initiatives to put an end to such situations and, where necessary, express an opinion on the positions and reactions of the Government.” In China, this function is performed by legislative, procuratorial and administrative authorities, all levels of bureaus for complaints or petitions, as well as NGOs including labor unions, women's federations and disabled federations. Second, the NHRI shall “promote and ensure the harmonization of national legislation, regulations and practices with the international human rights instruments to which the State is a party, and their effective implementation; encourage ratification of the above-mentioned instruments or accession to those instruments, and ensure their implementation.” In China, this function is performed by the NPC and the NPC Standing Committee. Third, the NHRI shall “cooperate with the United Nations and any other organization in the United Nations system, the regional institutions and the national institutions of other countries that are competent in the areas of the protection and promotion of human rights.” In China, this function is jointly performed by the NPC’s special committees, the China Society for Human Rights Studies, and the Ministry of Foreign Affairs.

 

 

According to the Paris Principles, the NHRI shall “assist in the formulation of programmes for the teaching of, and research into, human rights and take part in their execution in schools, universities and professional circles.” In China, this function is administered by the Ministry of Education and implemented by colleges and universities, as well as research institutes.

 

 

The Paris Principles also requires the NHRI to “cooperate with United Nations and regional agencies, including assisting governments in drafting state reports or themselves draft the so-called ‘shadow reports’ that serve to counter balance government reports to the United system.” In China, such reports are drafted and submitted by the State Council Information Office and the Ministry of Foreign Affairs.

 

 

The Amendments to the Constitution of the People's Republic of China (2004) has included that “the State respects and protects human rights,” setting out the principle of human rights in China and reflecting the basic requirement of our socialism, which can promote the overall development of our country’s socialist human rights cause and benefit international human rights exchanges and cooperation. Considering our specific national conditions, we need to make necessary improvements to China’s human rights protection mechanism.

 

 

China hasn’t established an independent human rights protection institution. Non-governmental human rights protection organizations are also uncommon. Non-independent government departments, including legislative, judicial and administrative authorities, play the major role in protecting human rights, which is a state-led model. Compared to an ordinary human rights protection institution, an independent human rights protection institution deals with human rights cases more rapidly, conveniently, efficiently and fairly, which can effectively supervise other human rights protection organizations and prevent their abuse of power.⁷

 

 

Under the current human rights protection mechanism in China, there is no high-level, unified guiding institution, which makes communication between government departments in charge of human rights affairs unsmooth and leads to a lack of unified, representative human rights research and policymaking institution in foreign exchanges. For example, the Ministry of Foreign Affairs is in charge of making foreign policies on human rights and the China Society for Human Rights Studies focuses on human rights research and foreign exchanges on human rights research, while the State Ethnic Affairs Commission deals with inward and outward exchanges on human rights of ethnic minorities.

 

 

In the socialist legal system with Chinese characteristics, most of the human rights citizens enjoy are stated in laws. However, only a person’s human rights are infringed, the infringer will be punished and the infringed will accept relief. These kinds of infringements can’t be prevented from happening. Therefore, it’s of great importance of combining China’s relatively developed judicial and administrative relief afterwards with independent human rights institution’s prevention.

 

 

Human rights stated in Chinese laws are mainly civil rights and political rights. With social progress and the development of human rights cause, the Chinese Government has paid more attention to overall human rights. An independent human rights institution, which performs special duties, can timely comply with the development trend and gradually enlarge the scope of human rights protection in our country.

 

 

Establishing regional human rights protection mechanism has become an important development trend. Globally, the Asia Pacific region is the only region without regional human rights protection mechanism.⁸ Establishing a NHRI in China can not only make up for its own institutional defect, but also make necessary preparations for establishing a regional human rights protection institution.⁹ In the Asia Pacific region, the NHRI and the ASEAN (Association of Southeast Asian Nations) together can play a large role in promoting the realization of the interests, goals and the ideal of protecting and respecting human rights.

 

 

Undoubtedly, China has made great achievements in human rights protection. It should also correctly face up to new situations and new problems of international human rights development, comprehensively review the requirements of the Paris Principles and respond positively. 

 

 

Setting up a NHRI in China should follow some basic principles:

 

 

We’re living in an era when political, economic, cultural and social systems and policies are more or less related to human rights. However, under the current political and economic situations, it’s unrealistic to establish a NHRI in accordance with the Paris Principles in a short time. Departments concerned also need time to comprehend the Paris Principles. Just as former Vice Minister of Foreign Affairs Wang Guangya said at the 58th Session of the United Nations Commission on Human Rights, “our human rights situation is not perfect. We still have a long way to go before human rights and fundamental freedoms are fully realized. The Chinese Government and people will be, as we have always been, firmly and unswervingly committed to such a goal. On the basis of equality and mutual respect, we stand ready to strengthen our dialogues and exchanges with all countries, the Office of the UN High Commissioner for Human Rights and other international organizations with a positive and open attitude, with a view to learning from each other and making common progress.”¹⁰

 

 

China’s human rights protection mechanism is decentralized. Each department concerned performs its own functions in protecting human rights, but lacks communication and exchanges with others and hasn’t promoted and protected human rights from a unified perspective. Therefore, we should coordinate and unify our human rights affairs.

 

 

Respecting and protecting human rights should accord with China’s national conditions. We should respect each country’s rights in choosing their own social system and development path, intensify dialogues and exchanges between different cultures, promote international relations with equal and open spirit, try to eliminate doubts and misunderstandings, seek common development while reserving differences, and build an inclusive and harmonious world that ensures human rights be enjoyed all people. The NHRI to be built in China should be suited to its national conditions, so as to protect the rights of each person in the country.

 

 

“The World Conference on Human Rights encourages the establishment and strengthening of national institutions, having regard to the ‘Principles relating to the status of national institutions’ and recognizing that it is the right of each State to choose the framework which is best suited to its particular needs at the national level.”¹¹ Due to different historical traditions, legal systems and human rights cultures, NHRIs in different countries have five type—the Human Rights Commission, the Ombudsman, the Human Rights Center, the Advisory Commission and the Specialized Institution.¹² 

 

 

Those countries adopting the latter four types are out of their special political, economic and cultural backgrounds. The Ombudsman used to limit royal power, then became a system controlling and standardizing administrative power, and was finally endowed with the function of protecting human rights, making it transform from administrative ombudsman to human rights ombudsman.¹³ Norway and Denmark, although having mature ombudsman systems, adopt the Human Rights Center type, because their ombudsmen haven’t been endowed with the function of promoting and protecting human rights. France has established the Advisory Commission, because the country has its own ombudsman system and the commission is to avoid changes in the country’s legal framework and provide suggestions on human rights for the prime minister to exercise functions under the country’s semi-presidential system. Emergence and development of the Specialized Institution are also related to a country’s historical background. For example, Britain has established the Equality and Human Rights Commission.

 

 

China is located in the Asia Pacific region where many countries have established NHRIs based on the Paris Principles. Therefore, the Asia Pacific region is dominated by the Human Rights Commission type.¹⁴ Countries with newly established NHRIs or countries founded on the Peace Agreements such as South Africa and Ireland all adopt the Human Rights Commission type. These countries usually amend their Constitutions or make special laws to establish NHRIs.

 

 

To adopt international human rights standards in China should consider its national conditions. Realization and protection of human rights in any country can’t be separated from its specific historical, economic, political and cultural conditions. International human rights principles should be recognized by sovereign countries through legislation. Imposing one country’s type or standard on another country is neither appropriate nor feasible. International protection of human rights should take into consideration all countries’ political, economic and social systems as well as historical, religious and cultural backgrounds, and adhere to the spirit of seeking common development while reserving differences, mutual respect, and increased understanding and enhanced cooperation.¹⁵ This is also China’s principle in implementing international human rights standards, which has also been approved by the United Nations. Therefore, whether maintaining or changing the current framework of human rights protection mechanism in China, different measures can be taken in accordance with its national conditions.

 

 

How to establish a NHRI in accordance with the Paris Principles without changing the current framework human rights protection mechanism in China? Scholars have suggested various types. For example, China can first set up the Bureau of Promotion and Protection of Human Rights under the Ministry of Justice, upgrade it to a bureau directly administered by the State Council,¹⁶ and then establish a human rights coordinative institution based on the bureau.¹⁷

 

The institution mentioned in the above-mentioned suggestion is temporary or transitional, which can’t meet the requirement of the Paris Principles, but as a preliminary step of stepping up a NHRI, it’s still a good choice for accumulating experiences.

 

To accord with the Paris Principles requirements of being pluralistic and independent, some Chinese scholars suggest setting up a special committee on human rights within the NPC¹⁸ or an independent department, which can be within local levels of people’s congresses and also affiliated to local governments, adopting vertical administration.¹⁹ 

 

According to the Constitution of the People's Republic of China and the Law of the People's Republic of China on the Supervision of Standing Committees of People's Congresses at Various Levels, the NPC can organize an investigation committee on special issues, which won’t lead to the separation of power.

 

Anyhow, a NPC special committee is an arrangement under the current framework, which is closest to requirements of the Paris Principles and most feasible one. The committee is political and can be considered a NHRI in a broad sense. However, this kind of committee lacks independence and is hard to be acknowledged as a NHRI in accordance with the Paris Principles by the International Coordination Committee of National Institutions for the Promotion and Protection of Human Rights.²⁰ In addition, this arrangement is similar to the Advisory Commission in France, which won’t change the country’s legal framework, or affect the separation of power. So it is with its functions. Admittedly, this type has obvious defects. 

 

 

Changing the current framework and setting up the National Human Rights Commission in full accordance with the Paris Principles is the final goal. To that end, scholars have offered many suggestions: upgrading the National Human Rights Commission into a more independent Commission of Promotion and Protection of Human Rights,²¹ setting up an independent NHRI outside of the NPC, which needs to deal with its relations with the NPC, the government and the court in terms of function,²² or endowing the National Human Rights Commission with functions similar to but higher than a NGO, which can be a coordinator between the government, the people and the society, and make specific human rights development plans and participate in and deal with human rights affairs.²³

 

 

Judging from the current research and practice of NHRIs in the international community, it’s urgent to have an independent institution that can carry out dialogue and cooperation with the United Nations and other countries’ NHRIs. China can firstly set up an inter-departmental advisory and coordinating organ to meet the urgent need, then establish a special committee within the NPC, and finally upgrade it to an independent NHRI when conditions are ripe.

 

 

To follow international practices and carry out dialogues with the international community, China can set up an inter-ministerial advisory and coordinating organ in the short term while maintaining the current framework of human rights protection mechanism.²⁴ Preliminary work includes: (1) explaining China’s human rights position and policy to the United Nations, regional organizations and others, accumulating experiences via exchanges with other countries’ NHRIs, taking active part in international human rights affairs, and publicizing our achievements in human rights affairs to win understanding and support of our human rights legislation, policy and measures from the international community; (2) coordinating between departments concerned and submitting performance report to the United Nations, all treaty bodies and special committees according to the duties stated in the treaties signed by our country; (3) reviewing our current laws and regulations to make them be in coordination with the international human rights treaty signed by our countries and to suggest departments concerned make, amend or annul related laws or regulations; (4) guiding and urging departments concerned to fulfill their obligations to the international human rights treaty, and proposing corrections or precautions of human rights violations or potential violations to departments concerned; (5) publicizing the idea of human rights. This kind of organ, which is relatively easy to set up, can accumulate operational experiences, conduct preliminary domestic research and make theoretic and practical preparations for establishing a NHRI.

 

Under this system design, the organ is still an administrative department and an advisory and coordinating body affiliated to the State Council, which can be named the “National Leading Group for Protection of Human Rights.” An advisory and coordinating organ of the State Council usually takes charge of organizing and coordinating important work among administrative departments of the State Council. However, such an advisory and coordinating organ has no concrete working body, and specific matters will be handled by related functional departments. Some important advisory and coordinating organs will set up an office. The Office of the National Leading Group for Protection of Human Rights can be set up within the Ministry of Justice by its Department of Judicial Assistance and Foreign Affairs.

 

In general, establishing the advisory and coordinative organ is a temporary measure, which belongs to the Human Rights Commission type. In fact, there’s a more convenient way, i.e. setting up the Human Rights Center based on the China Society for Human Rights Studies. However, the biggest problem with the center is whether it will be endowed by the law with the power to supervise the state and the government, which needs to change the current framework. 

 

 

Since an advisory and coordinating organ of the State Council can’t meet the requirements of the Paris Principles and is only a temporary establishment, the establishment should be upgraded to a special committee of the NPC in the long term.

 

 

According to the Election Law of the People's Republic of China for the National People's Congress and Local People's Congresses at All Levels, the number of deputies to the NPC to be elected by provinces, autonomous regions, and municipalities directly under the Central Government shall be allocated by the NPC Standing Committee in accordance with the principle that the number of people represented by each rural deputy is equal to the number of people represented by each urban deputy, and all regions, ethnic minorities and all circles of life should have certain number of representatives. Therefore, NPC deputies have a wide representation.²⁵ The deputies include those from NGOs, labor unions and government departments as required by the Paris Principles, such as lawyers, doctors, journalists, scientists, university experts and religious people. However, except for some independent deputies, most of the NPC deputies are part-time, which is not in accordance with the Paris Principles requirement of being independent.

 

 

According to the Organic Law of the National People's Congress of the People's Republic of China, the NPC shall establish a Nationalities Committee, a Law Committee, a Finance and Economic Committee, an Education, Science, Culture and Public Health Committee, a Foreign Affairs Committee, an Overseas Chinese Committee and such other special committees as may be deemed necessary by the NPC. Therefore, a “Human Rights Protection Committee” can also be set up to specially deal with the duties of promoting and protecting human rights. The Human Rights Protection Committee can “send to the Law Committee their comments on the drafts which concern them,” according to the NPC Organic Law’s Article 37. The Human Rights Protection Committee can also be set up according to the NPC Organic Law’s Article 38: The NPC and its Standing Committee may appoint committee for the investigation of specific issues. The organization and work of the committees shall be decided by the NPC or its Standing Committee.

 

According to the requirements of the Paris Principles, the Human Rights Protection Committee can only be set up within the NPC, and the committee then sets up its provincial and regional branches. This is because: First, respecting and protecting human rights is a national obligation. Central and regional authorities are divided in administrative power, but not in human rights protection; Second, local people’s congresses should avoid to show favoritism to certain groups of people and take regional human rights protection measures in consideration of regional or special groups’ interests; Third, the accessibility and independence requirements of the Paris Principles should both be considered, to provide most accessible relief measures and make NHRI’s local branches independent of local legislative, administrative and judicial organs, in order to avoid local government’s influence and control on the NHRI.

 

 

At the 2004 sessions of the NPC and the Chinese People’s Political Consultative Conference (CPPCC), some experts propose to set up the NPC and CPPCC human rights commission.²⁶ As suggested by some Chinese scholars, based on the current human rights protection mechanism, an independent NHRI can be set up in China which accords with both its national conditions and the Paris Principles when conditions are ripe.

 

 

According to the Paris Principles, one of the most critical criteria of establishing a NHRI “shall be given as broad a mandate as possible, which shall be clearly set forth in a constitutional or legislative text, specifying its composition and its sphere of competence.” Most countries all over the world, except a tiny minority such as Benin, have all set up NHRIs by amending the Constitution or making laws. China’s NHRI can be an official institution and set up by the nation’s top legislature--the NPC, which enjoys the same level of the State Council, the Supreme People’s Court and the Supreme People’s Procuratorate. The NHRI should be elected by the NPC according to the Constitution of the People’s Republic of China, responsible for and report to the NPC. Members and working staff of the NHRI should perform their duties according to the law and be identified as civil servants.²⁷

 

 

An independent NHRI is not to seize the power of any other current national institutions, but to play a complementary role. Due to the imperfection of China’s current human rights protection mechanism, the NHRI will be based on the parliament system and provide human rights relief with the most accessible way, which is a realistic system to realize human rights in socialized forms. The NHRI to be built in China should deal with its relations with legislative, administrative and judicial organs. The NHRI will be affiliated to the NPC and jointly perform the duties of protecting human rights with administrative and judicial organs. Take the consulting duty as an example. Other institutions have human rights issues can consult the NHRI and the NHRI can propose legislation to the NPC or propose suggestions on administrative regulations to the State Council.

 

 

To realize legal autonomy, the position and authority of China’s NHRI should be established through legal procedures, i.e. amending the Constitution or making special laws to make the NHRI a legal entity and independent of other institutions.

 

 

Independent budget is an important factor in ensuring the NHRI’s independence. This requires: First, the NPC shall take full consideration into the mandates of the NHRI when reviewing annual budget reports and appropriates enough funds for its full operation; second, the appropriation means of the funds shall fully guarantee the financial autonomy of the NHRI; third, the fund use by the NHRI shall be audited and accounted annually, and be disclosed in the annual report of the NHRI.

 

 

Judging from the experiences of Asia Pacific countries, insufficient negotiation will lead to lack of diversity in the social representation of members in the NHRI and difficulties in fully performing their legal responsibilities.²⁸ Therefore, the composition of members in the NHRI to be built in China should first ensure stability of the members and adopt a fixed term of office. Members can’t be removed from their posts during the term if there is no particular reason, but life tenure should not be adopted, which would make the NHRI lack flexibility. The fixed term doesn’t necessarily be the same as the NPC, and can be extended to 10 years, with half of the members being reelected each five years. Second, the composition of members in the NHRI to be built in China should ensure pluralism of social members that participate in promoting and protecting human rights and their pluralistic representation to be determined via legislation. For example, a 13-member committee can consist of one retired senior judger from the Supreme People’s Court, one retired prosecutor from the Supreme People’s Procuratorate, one expert from a university recommended by the Ministry of Education, and the rest with each representative being recommended by the State Administration for Religious Affairs, State Ethnic Affairs Commission, All-China Federation of Trade Unions, All-China Women’s Federation, All-China Youth Federation, China Disabled Persons’ Federation, All China Lawyers Association, All-China Journalists Association, All-China Federation of Returned Overseas and China Consumers' Association, respectively. Chairman of the committee can be voted by all members and elected from the retired judger or prosecutor. The NPC and the State Council can have representatives in the NHRI, but they don’t have voting rights. Third, the committee members should be independent and can’t be part-time. During their tenure, the committee members can’t be employed by any other institution, but should have effective connections with the institution they represent. 

 

 

The relief work of the NHRI to be built in China should stick to the democracy principle, and have a set of investigation and handling procedures, which should be simple and practice, so as to provide timely relief to the infringed in the shortest time. While accepting and handling with the concerned human rights complaints, convenience should be given to the complainant as much as possible, all kinds of complaints should be accepted, the time to handle a complaint should be stated, and handling methods should be made, and an amicable settlement through conciliation should be sought, so as to give full play to the function of a “soft law.”

 

Having achieved positive results in human rights practices, China is in urgent need of improving the development of human rights theory as well as the ability of turning theory into reality. The constitutional principle—“the State respects and protects human rights”—should gradually become our country’s basic value. During exchanges and cooperation with the international community, the role of a NHRI established in accordance with the Paris Principles should be given full play. Coordination in human rights protection among all kinds of NHRIs should be improved to finally realize the value of human rights. 

 

* YUAN Gang(袁钢), PH.D. in law, associate professor of Law School，China University of Political Science and Law.

1. Birgit Lindsnaes and Lone Lindholt, “National Human Rights Institutions: Standard-setting and Achievements,” in Birgit Lindsnaes, Lone Lindholt and Kristine Yigen eds., National Human Rights Intuitions: Articles and working papers, The Danish Centre for Human Rights 2000, at 1.

2. The Paris Principles were codified by the United Nations Commission on Human Rights in Resolution 1995/54,1992 and in General Assembly resolution 48/134, 1993.

3. See Han Dayuan, “The National Responsibilities for Protecting Human Rights and Functions of the National Human Rights Institutions,” Law Forum, No.6 (2005), at 9-10.

5. E/CN.4/1992/43,para144.

6. Details on the China’s human rights protections.

7. See Huang Xiaohui and Chen Cheng, “An Analyst on the Limitations and Improvement of National Human Rights Institutions—On the Establishment of the National Human Rights Institutions,” Academics, No. 2 (2005), at 44-45.

8. More details about the establishment of NHRIs in each region, see Yuan Gang, Bringing Rights Home: A Study on the National Human Rights Institution, China Legal Publishing House, 2001, at 119-192.

9. See supra note 3, at 11.

11. Vienna Declaration and Programme of Action.

12. See Yuan Gang, Bringing Rights Home: A Study on the National Human Rights Institution, China Legal Publishing House, 2001, at 84-118.

13. See Yuan Gang, “Human Rights Ombudsman in Foreign Countries,” Human Rights, No.6 (2013), at 11-15.

14. See supra note 12, at 182-192.

15. “China’s Principles in the International Human Rights Field,” People Daily, April 3, 2006.

16. See Qi Yanping, “The National Human Rights Protection Responsibilities and the Establishment of the Human Rights Institutions,” Law and Social Development, No.3 (2005), at 8.

17. See supra note 12, at 349.

18. See Zhu Jingwen,“The Levels of Human Rights Protection: the Domestic and International Connections—the Paris Principles and the Establishment of the Human Rights Institutions in China,” in Thoughts Across the Boundaries—Speeches on the Jurisprudence, Peking University Press, 2006, at 181-182.

19. See Huang Xiaohui and Chen Cheng, “An Analyst on the Limitations and Improvement of National Human Rights Institutions—On the Establishment of the National Human Rights Institutions,” Academics, No.2 (2005), at 46-47.

20. See Yang Shuai, “The ICC’s Accreditation Impact on the Development and Improvement of the National Human Rights Institutions,” Legal Science Magazine, No.11 (2010), at 133-134.

21. See supra note 16, at 8.

22. See supra note 18,, at 181.

23. See supra note 3, p.11.

24. China conducted large-scale institutional reforms of the government in 1982, 1988, 1993, 1998, 2003, 2008 and 2013, during which advisory and coordinating organs and provisional organs of the State Council were all adjusted.

25. At www.people.com.cn/GB/shizheng/252/9667/9685/20021128/876735.html (last visited on June 7, 2016).

26. Quoted from Guan Jinhua, Research on the Law of Human Rights Protection, People’s Courts Press, 2006, at 330.

27. Article 2 and 14, Civil Servant Law of the People's Republic of China.

28. Zhang Wei, “Thoughts on the Establishment of the National Human Rights Institution in China,” Journal of China University of Political Science and Law, No.6(2011), at 133.