On Human Rights Contract

Rights and authority are twins, which come into being with the existence of society and the national country simultaneously. The reason of giving the citizens rights is that they need them to counteract the power of society and country, which will protect them from being hurt by society and country. Authority originates from the rights. The reason of giving authority to the country is that it can mobilize the power of organization, protect the rights of citizens well; keep the public order of society; and maintain the independence, freedom and democracy of country. The basic rights of citizens in civil society can best be ensured under the frame of human rights. And this frame can best eliminate the words and actions of citizens from being peeped, intervened and controlled, too. Citizens in political countries can establish the host position firmly; ensure the direct participation in management to the state affairs; ensure the exercise and accomplishment of people'rights of freedom and democracy. The authority of countries is also restricted by the basic rights of citizens, the democracy origin of authority, and the distribution of authority. Authority can only function normally with the restriction. And then we can avoid the abuse and corruption of authority and tame the authority to serve the citizens, society and the benefits of countries.This paper researches human rights and human rights and sovereignty relations in human rights contract vision by the analysis of the semantic and logical approach. We can draw the conclusion that the citizens of human rights and fundamental freedoms can be effective safeguards only under power subjecting to reasonable restrictions and constraints, then ensure that the rights and powers in the ideal balance. This article will carry out the discussions from five parts based on the former core thoughts of scholarship.Chapter one:"human rights and human rights contract". This chapter begins from the analysis of human rights concept, discusses the concept of inherent rights, the legal rights, the moral rights and the customary rights, as well as different understanding and opinion to these rights. Based on this, this part holds the view that the human rights are the sum of a person's born and inherent rights, spiritual rights, the moral rights, the customary right and the legal rights. By this means, this part proves that human rights is human's (or as a man's) rights, it also responses to the viewpoint that human rights are merely moral rights or the legal rights. The human rights not only cover the moral rights and the legal rights, but also the spiritual rights and the customary rights. We believe that the spiritual rights, the moral rights and the customary rights have already existed before the appearance of legal rights. The legal rights originate from the basic rights which are closely related to person's survival and the development, indispensable and are the rights that must be safeguarded after sieving the spiritual rights, the moral rights and the customary rights. In brief, the legal rights are the rights added with national will and can be safeguarded by state power. The reason that we don't advocate concept of legal rights but the concept of the rights that the laws show lies in emphasizing that the rights that the laws show are the existence shape just like the spiritual rights, the moral rights and the customary rights and stating that the rights that the laws show originate from spiritual rights, moral rights and customary rights. The rights not promoted to those of which the laws show in spiritual rights, the moral rights and the customary rights can be inferred as the rights of rights subjects to self-reliant protection and self-reliant relief in certain limitations under legal permission.The human rights contract is an agreement made by the subjects of human rights contract about respecting human rights and ensuring the responsibilities of human rights. Citizens agree to fulfill the responsibilities towards society and countries; the subject of sovereignty promises not to violate the rights of citizens; and protect and ensure the rights of citizens at the same time after the society and countries are firmly established if the scholars who hold the view of social contract have revealed that a society is made up of individuals and consequential law of social history development of countries, and have proved the legal origin of countries'authority.Chapter two:"Classification of human rights contract". The human rights contract can be separated into internal human rights contract and international one. Internal human rights contract consists of contract of sovereignty distribution; contract of public right and contract of private rights and contract of moral rights. International human rights contract is made up of international human rights contract and regional human rights contract. The sovereignty means that a country has the right to cope with international affairs and conflicts independently in international community. The sovereignty (in a country) represents the supreme authority of a country, which shows three kinds of shapes, that is to say, law-making authority, administrative authority and jurisdiction. And the former authority is respectively grasped and carried out by the law-making institution, administrative institution and the jurisdiction institution. It will be difficult to protect the human rights efficiently and avert the abuse of authority and the corruption of authority without the mutual relationship of control and balance from the sovereignty distribution. The public right is the right that the citizens express their opinions and suggestions towards the social affairs and country affairs, which is a way towards the democracy and also the way to directly participate in the management of country affairs. Besides, the exercise of public right is also efficient to restrict the abnormal function of authority.Chapter three:"Entering into human rights contract". Every citizen has a dual role because the existence of civil society and the two-tiered structure of Political System, and so every citizen is a member of civil society as well as that of Political countries. In terms of civil society, a citizen would establish all kinds of personal relations with other members of this society, including every kind of organizations and groups, and the relationships are defined in law as private legal nexus. Personal loaves and fishes are the essence of private relations, so of which every member is selfish. Human rights contract is entered into among equal legal subjects in civil society. As a part of political system, every citizen would establish public right relations with the authority in public domain. The authorities'will need to be implemented towards all citizens via public domain, while the will of citizens can be conveyed to the authorities via public domain as well. Thus it can be seen that the relation in public domain is a kind of interactive relation in essence. So public rights contract is a human rights contract which is made by citizens as members of political countries and the authorities.Chapter four:"The implementation of human rights contract". Contract of sovereignty distribution can guarantee the separation of power which can take effective precautions against the abuse of power and corruption so as to give root and branch respect and protection to human rights. So it can be of affirmance that if there is no sovereignty distribution and powers separation, there will be no human rights. Locke, Montesquieu and Carl Schmidt all have made discussions on the principles and theories on separation of power, and pointed out the danger of centralization of powers. Separation of power is just of one aspect of regulating the exertion of power, in order to fully function power separation system and realize the designed aim, we still need elective franchise, impeachment ,check on unconstitutional acts and president's right to deny the congress's legislation. Public rights are of the methods and channels for citizens to exercise their democratic rights. Once there is no exertion of public rights, there will no democracy, no direct participation of administration upon state affairs from citizens. The exertion of public rights is much different from the exertion of private rights, the exercising methods and principles of which are generally of self-selection and self-determination, while those of public rights must comply with definite norms. Otherwise, public rights will be turned into vain. Sovereign is expected to make it more convenient for law subject to exercise public rights, and the restriction on the exertion of public rights must be of legal excuses and conditions, that is to say illegal restriction on the exertion of public rights must be excluded. Private rights are free and should be away from the interference from public authority. A country is reliable to safeguard the order of private conducts in private domain, in order to prevent authorities'intervening on private domain and protect the freedom of private rights, a country should ,on one hand , solid legal system and institutions, and on another hand, make timely and just verdict on civil disputes.Chapter five:"Relationship between human rights and sovereignty in view of human rights contract". The relationship between human rights and sovereignty shows three kinds of shapes during the course of development of mankind society: firstly, it is the period that human rights do not restrict the sovereignty; secondly, it is the period that human rights restrict the internal part of sovereignty (internal); thirdly, it is the period that human rights restrict the external part (international) of sovereignty. The jurisdiction of human rights affairs can be separated into three parts according to the discussions of Ermacora who is a public law professor in University of Vienna in Austria: the fist kind of human rights affairs belong to the national jurisdiction in essence; the second kind of human rights affairs belong to the international jurisdiction in essence; the third kind of human rights affairs belong to the mutual jurisdiction between nations and international organizations for common affairs. Other countries and international community have no right to interfere the human rights affairs which belong to a country's jurisdiction; a country can not reject the interference with the reason of interfering its internal affairs when other countries and international society wade into the human affairs belong to international jurisdiction; and the human rights affairs of common jurisdiction belong to a country and international society need the common efforts between a country and international society, then to be solved. It will shake the foundation of development and stable conditions and threaten the peace and safety of international society when the crude and frequent event which violates the human rights happens in a country. The interference of humanism from international community will fit in with the common benefits of international community at this time.The implementation of human rights depends on the making and efficient exertion of the fundamental system. But once there is no strong sovereignty, there will be no support and basis to the respect and protection of human rights. One country and its sovereignty are undoubtedly responsible for the protections of human rights, which can in no way be substituted by other countries or the international community. In addition, if there are no restrictions and limitations on sovereignty, an adequate enjoyment and protection of human rights will turn out to be just a fantasy...