The Humanization Of International Law And Consular Protection Of China

Consular protection is not only a fundamental right of a state but also of national abroad. The overseas Chinese affairs of the late Qing Dynasty laid a passive and growing foundation for China's consular protection.China's reform and opening up not only made the transition to a democratic country,but also to a country in international society,which made the promoting factors to China's consular protection become into domestic human rights from a gift from a emperor,as well as made China assumed the obligation of the international human rights law. From the perspective of the humanization of international law,the study on China's consular protection is no doubt more typical.From the perspective of human rights,the development of human rights in China has gone through a long process under the obligation of international human rights law,especially the development of the human rights of individuals.The development of human rights in China has mainly gone through three stages,i.e.,China participated gradually in international communication though stressing collective human rights,governing for the people promoted the protection of human rights,the governing idea and the constitution has been promoting the protection of human rights together.From the horizontal perspective of international consular law,the infiltration into international law of the international human rights law has been promoting the humanization of the laws of consular and diplomatic protection,which on the one hand,has been seting up some obligations for Chinese government,on the other hand,has been providing Chinese government rights to protect its overseas citizens.Furthermore,the advanced consular practice in western countries can be used for reference by us.So,these factors have been promoting the development of China's consular protection together.With the foundation of these factors,the development of China's consular protection becomes into a positive correlation to human rights of individuals in China.The humanization of international law is just intermediary correlation to the consular protection of China.The extent and speed of its impact on consular protection of China depends largely on the development of human rights in China and its relationship with international human rights standards.Compared with the western developed countries,China's consular protection and human rights,based on the passive and growing characteristic and a lower level of institutionalization,is more passive and changeable.As a result,the international human rights law affects China's consular protection more great,and the Chinese development of individual human rights have been promoting consular protection more obviously under the obligation of international human rights law.Before 2004,the influence on China's consular protection of the factors of huaman rights was dominant.So the human rights promoted comprehensively the development of consular protection mainly in the framework of "Vienna Convention on Consular Relations".From 2004, the direct influence of the horizontal factors has been growing faster and clearer.China's consular protection mechanisms,in particular the establishment and improvement of the prevention and response mechanism,as well as other advances,are highlighted during 2004——2008.We should think more effective measures besides evacuation from the perspective of humanization of international law.Our country and individuals must have such a good grasp of general principle which we should not only fulfill ours obligations in good faith,but also be good at taking advantage of the rights of international law.