Research On The Judicial Application Of International Human Rights Treaties In Chinese Courts

Under the background of judicial globalization,the number of human rights treaties signed by countries is increasing day by day.More and more countries are paying attention to the issue of human rights.As a major country participating in global integration,China has constantly participated in national affairs and international exchanges.The international human rights treaties it has signed with other countries cover a wide range of fields.However,the constitution of Our country has no clear provisions applicable to international human rights treaties,and the provisions applicable to international human rights treaties are scattered among other laws and regulations.This situation is contrary to the requirement of the integrity of China’s legal system and easily leads to the disunity of judicial decisions.Therefore,the international human rights treaties studied in this paper are of far-reaching significance in the judicial application of China: first,the lack of normative legislation to perfect the theory of treaty application;Second,to clarify the specific ways of application of international human rights treaties;Third,to build national human rights institutions and strengthen the supervision mechanism;Fourth,the Supreme Court should play a normative and guiding role.From theory,this paper expounds the international treaty applicable theory and the judicial protection of human rights theory,through the analysis of the sample case of the court to show the current situation and characteristics of international human rights treaties shall apply,lists the problems existing in the international human rights treaties applicable in our country and explore the motivation,the applicable to international human rights treaties in China problems existing in the process of perfecting Suggestions are put forward.This paper will use literature research method,normative analysis method,case analysis method,statistical methods and other methods to elaborate.