A Study Of The Constitutive System Of Human Rights Discourse

The current research on human rights discourse can be divided into two perspectives: the research on human rights with "discourse" as the method under the external observation,including the conflict paradigm of "power",the analysis paradigm of "cognition" and the construction paradigm of "purpose";Discourse research based on the method of "human rights" under internal observation is divided into innate and anti-innate under philosophical speculation,clauses under normative interpretation,research and propositions and differences between theory and reality under social observation.It can be seen that there are some problems in the current research,such as inversion,contradiction,narrowness,generalization and fragmentation.The constitution of human rights discourse means an inevitable order bearing human rights knowledge elements in the interactive dimension.The relationship between human rights elements rearranged in the direction of construction and deconstruction.The current construction logic of human rights discourse is mainly derived from the "liberal" Western human rights discourse,and through the dominant position of the mainstream discourse to establish a hegemony（monopoly interpretation power）,excluding pluralistic discourse.Deconstructing human rights discourse from the perspective of pragmatics can be divided into three parts: functional level,narrative material and transmission path.The functional level of discourse,including communication,order and value,respectively represent the three basic attributes of discourse,namely signifier,signified and ideograph.The narrative materials constituted by discourse are respectively the packaging of context,speaker and words.We believe that discourse is a central hierarchical structure and the external environment will ripple the core concept of discourse.The transmission path of discourse composition,with the help of gatekeeper theory,divides the transmutation law of human rights discourse in China since the founding of the People’s Republic of China,and clarifies the main factors affecting the opening and closing of "checkpoints" in the stage of discourse transmission.Governance and human rights discourse form a pair of interactive systems,shaping each other.As the fact of the state and as the norm of discourse,the national governance system and human rights discourse are coupled in theory and practice by virtue of the characteristics of modernization.There is a certain tension between the discourse content of human rights theory and human rights practice,and this tension completes the formation and transformation of particularity in the interaction between governance behavior and human rights discourse.Based on the three states of human rights,human rights discourse system can be divided into three components,namely,"human rights based on facts--human rights become norms--human rights integrated into discourse".Fact-based "human rights" is a functional discourse of human rights,derived from experience and emphasizing practical utility.The normative "human rights" is a kind of packaged discourse of human rights,originating from a priori and emphasizing the norms of order."Human rights" integrated into discourse is a kind of human rights discourse of communication,originating from consensus and emphasizing the change of ideas.