Study Chinese Communist Theories Of Human Rights And China's Human Rights Legislation

Human rights is a constantly discussed topic in the world. Respecting andguaranteeing human rights is the responsibility of Communist Party of China. TheChinese people have been pursuing, for a long period of time, recognition of theirhuman rights. Without national independence there would be no guarantee regardingthe protection of people's lives. When imperialist aggression became the major threatto the Chinese people they had to win national independence before their humanrights would be recognized. In the face of crumbling state sovereignty and variouscalamities wrought upon their lives, the Chinese people fought foreign aggressorsfor over a century in an indomitable struggle for national salvation and independence.After its birth in 1921, the Communist Party of China set a clear-cut goal in itspolitical program to "overthrow international imperial oppression and achievecomplete independence as a Chinese nation", and to "overthrow the warlords andunite China into a real democratic republic". This lead to an arduous struggleculminating in a victory for the national democratic revolution. The founding of thePeople's Republic of China eradicated the forces of imperialism, feudalism, andbureaucratic-capitalism on the Chinese mainland. It also put an end to the nation'shistory of dismemberment, oppression, and humiliation at the hands of foreignpowers for well over a century. This ended many years of turbulence characterizedby incessant war and social disunity, and realized the people's dream of nationalindependence and unification. The Chinese nation, which makes up one-fourth of theworld's population, is no longer a country that foreign aggressors can take lightlyand insult at will. The Chinese people are now as the masters of their own country.The people now have human dignity and respect from the rest of the world. ThusChinese people have won the basic guarantee for life and security. China advocates mutual respect for state sovereignty and maintains thatpriority should be given to the safeguarding of the rights of people in developingcountries and to subsistence and development. It is a basic fact that, for any countryor nation, the right to subsistence is the most important of all human rights. The 4Universal Declaration of Human Rights affirms that everyone has the right to life,liberty and security of person. Due to different historical conditions, social systems,levels of development, and concepts of values it is only natural to have differentviews on the issue of human rights. By respecting the universal principles of humanrights countries should be allowed, encouraged, and welcomed to take effectivemeasures to protect and promote human rights while taking into account their ownnational conditions. Therefore, China is opposed to interfering in other country'sinternal affairs on the pretext of human rights. This strengthens internationalcooperation in the field of human rights. The Constitution provides that China implement the system of the people'sdemocratic dictatorship, which combines democracy among the people anddictatorship against the people's enemies. The Constitution also provides for a widerange of political rights to citizens. The unity between rights and duties is a basicprinciple of China's legal system. The Constitution stipulates that every citizen isentitled to the rights prescribed by the Constitution. The law, at the same time, mustperform the duties prescribed by the Constitutional period. In exercising theirfreedoms and rights citizens can not infringe upon the interests of the state, societyor the collective; or upon the lawful freedoms and rights of other citizens. Citizenshave legal rights and duties. Everyone is equal under the rights and duties prescribedby the Constitution and the law. No organization or individual may enjoy theprivilege of being above the Constitution and the law. The practice of the past40-odd years, since li...