Research On The Concept Cultivation And System Construction Of Contemporary Chinese Rights

The study of "rights"(Human Rights)has a long history and has distinct practical significance.It is a not only old but also new topic.The reasons are as follows.The rights not only permeate every level and field of human life,but also are closely related to the maintenance,civilization and progress of human society.The content of claims,the realization of rights and the state of their protection are not only an important symbol of the level of individual survival and development,but also an important embodiment of the progress of civilization of a nation-state.However,"rights" is a word which is frequently used but whose essence is not clear;this also reflects the necessity and significance of the study of rights from another aspect.In the view of the theoretical point,the discussion of rights began from thousands of years ago in the western world.The rights of contemporary times were first introduced into China from modern times.After liberation,in academic circles,the discussion on the rights began to rise in the 80 s of the last century.So far,the research on the concept,categories,sources of rights,and other related concepts has been very abundant.However,it is not enough to closely combine with the study of China's realistic problems.In terms of research of perspective and method,it is easy to fall into the western ideology and academic paradigm;its research results inevitably have the problem of “Not acclimatized “for the reality of China.From the practical point of view,with the progress and development of society,people pay more and more importance to the rights,not only the realization of the basic rights,but also constantly proposing new claims.In our country,since the founding of new China,especially since the reform and opening up and the 18 th National Congress of the CPC,along with the tremendous development of economy,people's material life contents are continuously to be enriched and their quality are continuously to be improved.The party and the government attach great importance to the protection and development of the rights of citizens and have achieved unprecedented achievements.At the same time,people have proposed higher demands on the realization of economic,political,cultural and social rights.The demands of various emerging rights are constantly emerging.It is necessary to point out that,during maintaining and continuously pushing forward the great enterprise of socialism with Chinese characteristics,with the citizen's emerging demand for rights protection and development,the civil awareness of their own rights are not mature enough,at the same time,the rights realization and development measures are not powerful enough and perfect.Based on the above thinking,this dissertation adheres to the guidance of the Marxist view of rights,and reveals the inherent logic of the evolution of concept and institutional practice of Chinese rights through systematic review of the Chinese history of rights.Furthermore,it analyzes the present situation of rights in contemporary China from the aspects of economy,politics,culture and society,and proposes several relations that should be handled well.On this basis,this dissertation discusses the main contents and basic paths of the cultivation of the concept of rights in contemporary China,and the basic tasks and main promotion measures for the protection of rights in the field of system construction.The main contents and viewpoints of this dissertation are as follows:Firstly,this dissertation will analyze the basic concepts and basic issues of rights.By the analysis of the five elements of rights(interest,claim,entitlement,power and capacity,liberty),the core position of liberty in all elements of rights is obtained.Through the interpretation of natural law,subjectivity of human and humanism,this dissertation reveals the basis of the rights and the value pursuit of the rights itself.The Marxist view of rights consider that liberty not only expresses moral right to claim,but also expresses legal right to aquisition,which overcomes the limitation of other viewpoints.By analyzing the relationship between rights and obligations,rights and power,rights and responsibilities,we can obtain the nature of rights better.By revealing the concept of rights as the core of spiritual of rights and rights system as structured carrier,it shows that the concept and system cannot be neglected in the process of the construction of the rights.It reveals the basic connotation of Marxist view of rights from four aspects: theoretical origin,historical background,formation process and basic viewpoint.The Marxist view of rights provides scientific principles of world outlook and methodology for the concept cultivation and system construction of contemporary Chinese rights.Secondly,this dissertation will summarize the development of rights in China.In general,China's ancient society is an obligation oriented ethical society,but there are also rights factors.From the point of view of positive law,the concept of rights has always been hazy and simple in ancient Chinese society.However,from the perspective of moral rights,ancient Chinese society rights reflect a certain claim.The universality and arbitrariness of obligation constitute the special relationship form of rights and obligations in ancient times.In modern Chinese society,in the process of " Western learning spreads to the East ",the advanced intellectuals were influenced by the western thought of rights,and gradually formed the concept of rights in the sense of law,and the concept of rights developed into the public field.The concept and practice of rights have also experienced the influence of the traditional culture.In modern and contemporary China,the concept of rights and the system of guarantee were initially established from the beginning of the People's Republic of China and have achieved unprecedented development after reform and opening up.Since the 18 th National Congress of the CPC,Party and government pay great importance to the issue of rights and the basic rights and new rights of citizens have been guaranteed and promoted in an all-round way.China's human rights enterprise has made unprecedented achievements,which attracts worldwide attention.Thirdly,this dissertation will analyze the situation of rights in contemporary China(1)from a horizontal point of view and point out several relations of rights which should be dealt with well for realization and guaranteeing of rights development.The status of rights is analyzed from the economy,politics,and culture and society aspects of contemporary China.In terms of economic rights,in order to narrow the disparities of region and industry gradually,realization of the right to survival and right to development of citizens are guaranteed with emphasis.In terms of political rights,democracy and rule of law are constructed with emphasis,and modernization of governance system is promoted.In terms of cultural rights,cultural enterprise and construction of cultural industries are promoted,and the realization of scientific and educational cultural rights is guaranteed.In terms of social rights,the social security system is gradually improved,and the social security's level is raised,and poverty alleviation,the reforming of housing system and ecological civilization construction are constantly promoted.At the same time,there are some problems in the development and guarantee of rights,and it can be reflected and solved by properly dealing with the relationship between rights and obligations,between rights and powers,and between collectives and individuals.Fourthly,guided by the Marxist view of rights,the cultivation of the concept of rights should be strengthened.Practicality,sociality,historicity and human nature are not only the basic characteristics of rights,but also the basic viewpoints of Marxist concept of rights.The cultivation of the concept of rights must be based on this guiding principle.The basic content of cultivating the concept of rights includes the following items: highlighting the humanistic concern to embodying the humanistic spirit of Marxism,and to adhering to the people-oriented approach;adhering the scientific thinking,to treating rights scientifically and rationally,to avoiding bigotry and misinterpretation of rights;to carry forward the spirit of rule of law,the legal system is an important institutional guarantee for the realization and development of rights,and the spirit of rule of law is the important spiritual foundation of the concept of rights;to strengthen the citizen consciousness,break the subject consciousness of the traditional feudal society,and to strengthen the citizen consciousness,we should not only encourage and protect the citizen's subjectivity,autonomy and legal claim of rights,but also pay attention to the cultivation of citizen.We should cultivate public spirit and responsibility for the collective and the society.Taking school education and mass media as the basic way of cultivating rights concept,we must adhere to the socialist core values as the guide.We should effectively integrate education of citizen consciousness and the education of the spirit of rule of law into school education.In the aspect of mass communication,while consolidating the position of traditional media,we should pay more attention to the role of all kinds of new network media.Fifthly,the system construction of rights should be strengthened to ensure the realization and development of rights.Economic system construction of rights should be strengthened,the guarantee of system about property rights should be perfected,reformation of income distribution system should be deepened,labor rights protection system should be improved,and then the realization of economic rights can be guaranteed.Political system construction of rights should be strengthened,the system of the people's Congress should be preserved,power supervision mechanism should be strengthened,the system of rule of law of socialism with Chinese characteristics should be promoted,and then the realization of political rights can be guaranteed.The construction of cultural system of rights should be strengthened,the public cultural service system should be improved,the educational system should be improved unprejudiced,and then the realization of cultural rights can be guaranteed.Social system construction of rights should be strengthened,the social security system should be improved,the construction of social public welfare organization should be promoted,the petition system should be improved,and then the realization and development of social rights can be better guaranteed.Overall,the issue of rights is a realistic and open topic,which should be guided by the Marxist view of rights.We should insist on proceeding from the reality,take the free and all-round development of human being as the goal within the scope of the actual conditions,and promote the realization and development of the civil rights of contemporary China through the cultivation of the concept and the construction of the system.