The Research On The Legalization Of Political Participation In Contemporary China

It is a topic of study with far-reaching significance to interpret the legalization of political participation in contemporary China from the perspective of safeguarding human rights. It is an issue raised in the economic, social and cultural development of contemporary China and needs urgent argumentation. Legalization of political participation and safeguarding human rights constitutes an interactive process. On one hand, legalization of political participation enables various fundamental conditions of safeguarding human rights; on the other hand, safeguarding human rights is the basic route in promoting legalization of political participation. To sum up, bringing out of safeguarding human rights is not only requiring legalization of political participation but also giving clear direction of the development of legalization of political participation.The whole passage comprises of six parts, i.e. Introduction, four chapters and Conclusion.Introduction exemplifies some basic preconditions of the study in legalization of political participation, mainly including:reason of selection of this topic, summary of literature, basic concepts, research idea, framework and methodology as well as innovation and difficulty. Bringing out of legalization of political participation has been based on practical development of political participation, existing problems in political participation and responses to such problems. This study advocates reflection of political participation in the macro background of rule of law and human rights as well as its total value.Chapter I exemplifies the historical development of political participation, rule of law and safeguarding human rights in contemporary China. Political participation in contemporary China has undergone the three phases of turning, exploring and developing. Historical development of rule of law in contemporary China has undergone two phases of rule of man to legal system and legal system to rule of law. Historical development of safeguarding human rights in contemporary China has undergone three phases of setting off, development and amplifying. The historical phases of political participation and rule of law and safeguarding human rights are independent on one side and inter-dependent on the other, forming the historical foundation and logic precondition of interaction between legalization of political participation and safeguarding human rights.Chapter II presents the basic conditions of safeguarding human rights prompted by legalization of political participation in contemporary China. Legalization of political participation can promote a few basic conditions of safeguarding human rights which are demonstrated in the following aspects:legalization of political participation is the main platform of coordination of interests; legalization of political participation is important content of rule of law; legalization of political participation is intrinsic requirement of democratic politics; legalization of political participation is the basic precondition of political stability. These four reasons indicate that legalization of political participation prompts safeguarding of human rights.Chapter III arguments that safeguarding of human rights is taken as the fundamental principle of legalization of political participation in contemporary China. Political participation itself is a fundamental human right, i.e. right of political participation; political participation is based on humanity; the core nature of right of political participation is the game between human rights and state power; legalization of political participation helps to regulate state power and promote safeguarding of human rights. There exists intrinsic logic relationship between the right of political participation and political participation, rule of law, democracy and governing by the people. Safeguarding the right of political participation is the starting point and destination of legalization of political participation.Chapter IV explores to enhance legalization of political participation in contemporary China by way of safeguarding human rights. Safeguarding of human rights includes:prerequisite human right of political participation---right to know; fundamental human right of political participation——right of expression; baseline human right of political participation——the right to vote; pivotal human right of political participation——participation right; organizational human right——rights of association; indemnificatory human right of political participation——right of supervision. The obligatory subject of safeguarding human rights includes state, international organization, NGO and individual. The basic conditions of safeguarding human rights include sovereignty, market economy, democratic politics, rule of law state and human rights education.Conclusion gives recommendations on promoting legalization of political participation. Strategic steps in promoting legalization of political participation should be in a gradual, orderly and stable way. Various human rights in political participation should be developed and perfected. Extensive education in political participation should be conducted.