The Implementation Of The International Convention On Human Rights In China

Along with the continuous advancement and development of human civilization,human rights have been one debating concerned topic among current international community. During the period of highly advancement of material civilization and spiritual civilization, respecting and protecting human rights has become the main international responsibility of governments. A large increasing number of international human rights convention have been enacted. However, the practices of the international human rights convention in China have not yet fully been recognized objectively and accurately, with lacking clear and unified legal norms, which slows the development of human rights. This is not conducive to the further acceptance and application of the rules of the international convention on human rights and promoting the reform of human rights legislation in our country, meanwhile it even negatively impacts the effective protection of human rights.The article, starting from the formation of the international convention on human rights, introduces and elaborates the historical revolution and main contents of the United Nations Convention on the international human rights, which presents the consistency of them in the value orientation of basic human rights. Without no doubts,there are also many differences between the two conventions because they essentially belong to different categories of rights and also differ in the specific expression of rights and supervision mechanism. In addition, according to the requirements of the two conventions, States Parties also take the diverse obligations regarding to the convention.The section two elaborates the relationship between the international convention on human rights and the domestic law. It firstly introduces the theory of the relationship between international treaties and domestic law, followed by analyzing the implementation of international treaties in a country, which mainly includes theapplication of treaties in domestic law of a country, the status of international treaties in the laws of various countries and the priority when the conflict between treaties and domestic law comes out. All constitute the main content of the treaty in the domestic implementation.The section three clarifies the status quo of the implementation of the international conventions on human rights in China. China signed International Covenant on Economic, Social and Cultural Rights in 1997 and International Covenant on Civil and Political Rights in 1998, which indicates an influential advancement of human rights. At the end of 2015, 29 international conventions on human rights have been added. The application of international human rights treaties in China mainly can be categorized into direct application, indirect application and mixed application. But, obviously, in China, there is no a set of standards of the application of the treaty system and uniform standard of judgment. Meanwhile, the practice of the international conventions on human rights in china are facing the absence of legislation and the current legal system fails to embody the spirit of human rights, which means human rights remedy is not perfect and the national human rights awareness is weak and other issues are also more prominent.Therefore, the last part of the article, it will recommend that China should boost the peace of the identification of legal status of international conventions on human rights within the domestic law of the People’s Republic of China. It can be implemented mainly in some aspect, such as the constitutional, legislative, judicial, administrative and other parts so that it can achieve a break, aiming at gradually establishing a system of international human rights treaties to improve the legal system of human rights protection, perfect the way of judicial remedy for human rights and strengthen the work of human rights education. As a result, human rights can be efficiently implemented through the work of safeguarding human right and improving and solving the problems in the implementation of the international convention on human rights in China.