Constitutionalism Perspective, Human Rights Legislation Of The Shaanxi-gansu-ningxia Border Region

Now contemporary scholars have different explanations to "human rights", but we still can conclude the catholicity that human rights have. The first is personal human rights., which concretely include personal rights, political powers, economy, culture and society rights .The second is collective human rights. Which are in opposition to personal rights, meaning the rights a group of people possess who have common characteristics as one whole , for example, children's right, prisoners' right and women's right and so on. The third is race human rights. This is the rights for race existence and nation existence , and the right for development , which are put forward by the countries of the third world.The Shan-Gan-Ningxia Border Regions ,human rights lawmaking is made on the historical background that race antinomy was aroused , the Chinese suffered Japan's mad loot and devastation ; The Kuomintang practiced dictatorial governance, and in this area human rights condition continuously worsen; people's right consciousness awaked increasingly, and fight for human rights upsurges continuously; Communist Party of China adjusts to history current, defending national benefits and people's human rights .So these factors made Border Regions legislation impossible to carry on the study of academic theories on human rights concept, but mainly adapted to the demand of war。 By the human rights lawmaking , the basic rights for people carried on provision, Mao zedong said further in Border Regions conference in 1941:" every class and every race all over the country all have the human rights , political power , wealth power, and have the opportunity to talk, have clothes to wear, have job to do, have books to read, everyone gets what he needs". concrete contents of human right lawmaking in The Shan-Gan-Ningxia Border Regions and Mao zedong's speech are consistent, in fact the essence can be called people's rights.Human rights lawmaking in The Shan-Gan-Ningxia Border Regions not only shows that the Marxism has concerned the historic and periodical characteristics of human rights. Human rights are subjected to at that time the influence of social...