The Protection Of Chinese Unenumerated Constitutional Rights

The constitutional basic rights is the core content of modern constitutionalism theory research, and is a core problem in the study of Chinese constitutional law.On human rights, however, as the origin of the citizens’ basic rights is the product of The Times, in different periods, the constitutional basic rights will appear in a different face. "Logic of any right to generate and guarantee all is based on the reality of social and economic conditions, along with the social and economic conditions change and improvement, the connotation of the rights will grow." Based on the development of the society progressive and lawmakers cognitive limitations, constitutional rights can not cover all human rights contained in the text, thus, also brought not enumerated right by the constitution.Without the constitution lists but have basic rights property rights should be protected The constitution has not enumerate rights theory presupposition is In the judicial practice, the essay discusses how to not enumerated by the constitution rights certificate.These problems are the important topic in constitutional law.Based on the complexity and uncertainty, not enumerated by the constitution right to not enumerated by the constitution right of research can be said to be an enormous project, difficult complex engineering, only by the force of a nation is very difficult to complete.The United States is the earliest written law country, the constitution was not enumerate rights clause is also the first put forward and a product of compromise, after a fierce argument to become the world’s countries to protect the rights of constitution did not list the important reference.Is therefore, in this paper, combined with the reality of our country, draw lessons from the evolution of the ninth amendment and its practical experience, discusses not enumerate rights in our constitution, the article is divided into three parts:The essay discusses the practical experience of the ninth amendment.The third part mainly by analyzing the basic meaning of human rights in China, the comparative study on China’s human rights clause as not enumerated by the constitution right theory in clause, and points out that the existing system did not enumerate rights in our constitution demands economic foundation is ready, of not enumerated by the constitution rights protection relies on article summarized rights of the constitution and constitutional spirit of sector legislation safeguard and the improvement of the system of constitutional supervision effectiveness.