China's Constitution Of Terms And Conditions Of Human Rights Human Rights And The Legal System Research

Human rights is the earliest by the bourgeoisie against the feudal struggle,meet the needs of the interests of the bourgeoisie,against feudal society level of divine right,privileges,such as the progress of the slogan is put forward.The bourgeoisie usually in two kinds of sense of understanding and the understanding of human rights.One is the natural law in the sense of human rights,it is to point to as people enjoy or should enjoy freedom,equality of rights,and this power is a "natural",that is talented,non-transferable,inalienable.So human rights mainly for individual rights and freedom.The second is the actual sense of human rights,is refers to the provisions in the constitution of the citizens' basic rights and freedoms.This kind of basic rights and freedoms,is considered to be the natural rights of derivative and concretization,must reflect the natural rights.People organization of state and government,the purpose lies in the recognition,respect and protect the rights of nature.Don't agree with the bourgeoisie of the proletariat of the so-called human rights is mainly the rights of the individual,human rights is talent,transcending classes,and even some human rights is eternal,and that human rights are of nature and social,is concrete and the development.Marx once pointed out:"human rights is not a talent,but formed in history." It seems to the proletariat,the so-called human rights,is refers to the established on the basis of a certain social and economic and confirmed by the constitution of citizens' basic rights and freedoms.These basic rights and freedom,not from the talent,but from the unremitting struggle,is a reflection of the struggle results and records,and will struggle with deep and growing.In fact,no matter rights are inherent,law should be respect,identify and protect human rights.In constitutional law,human rights research often into the study of human rights norms.On the property value,human rights norms can be regarded as the expression of human rights norms,and the value of the core can be regarded as a constitutional norms.Human rights norms are often characterized by constitutional provision in the constitution text,in numerous constitutional provision of concentration and sum up the terms of the expression of human rights value generally called terms of human rights.Terms of human rights in our constitution text,with a specific meaning.Specifically to paragraph 3 of article 33 of the constitution of "state respects and safeguards human rights".In March 2004,the tenth session of the second session of the National People's Congress passed a constitutional amendment,will be "the state respects and safeguards human rights" in the land of the country.Human rights into the constitution,the specific implementation of human rights for China's legal system provides the foundation,marks China's socialist democracy and legal system construction to a new level,has the milestone significance in the history of constitutional government in our country.Based on the human rights clause of the constitution and human rights in our country legal system construction as the research object,take the combination of theory and practice,standardized research and empirical research on the method of combining with the related theory of law as a guide,through the hubei university library and read professional books and laws and regulations,make full use of library electronic resources online,through the Chinese academic literature pool,ten thousand data download papers related information such as database,using Google and baidu search engine to find news reports,and case,access to certain data and information.Through comparative analysis and demonstration,integrating theoretical structure form,draw the conclusion.This paper can be divided into four parts.The first part is the connotation of human rights and the Chinese constitution,mainly expounds the connotation of human rights and human rights provisions of the constitution expression;The second part is the path of the Chinese human rights into the constitution and the significance,main research China's human rights into the constitution and the function and implication of China's human rights into the constitution;The third part is the theory of"human rights" clause in the text of the constitution,mainly includes:in terms of human rights in our constitution's achievements,in terms of human rights in our constitution,in terms of human rights in our constitution,the problems of the solution of the problems of;The fourth part is the implementation of the constitution of human rights clause and the improvement of the human rights legal system in our country,the concrete from specific countries human rights obligations and building two aspects of human rights legal system with Chinese characteristics.