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Number Of Major Issues Of Human Rights Theory Research

Posted on:2010-08-19Degree:DoctorType:Dissertation
Country:ChinaCandidate:D ZhangFull Text:PDF
GTID:1116360275458491Subject:Philosophy
Abstract/Summary:PDF Full Text Request
The topic of human rights is an everlasting theme in human history. Respect for and protection of fundamental human rights is the CPC persistent allegation. Fully enjoying human rights is an ideal that Chinese people long for.The CPC attaches great importance to safeguarding human rights to the people, to his end our party has been making more efforts for the time being. Especially, since the policy of reform and opening up was introduced since 1978, the CPC has made more painstaking efforts in these fields such as building and improving the system of political democracy, judicial support and socialist market economy as so on. In line with the CPC practice in protecting human rights, the party developed its theory on human rights through some stages, which involve the periods of new democratic revolution, socialist revolution and construction, and the reform and opening up, gradually established a system of socialist theories of human rights with Chinese characteristics. The main points of the theory can be expounded as follows. People's rights to subsistence and development are the foremost rights. State sovereignty is the precondition for the protection of human rights. The universality and particularity of human rights are inseparable. Individual rights coexist and develop along with collective rights. Human rights need the judicial support. After many years'efforts, the CPC made its theory on human rights more perfect.With the title with"A Study of Some Questions about Human Rights Theory in Contemporary China", the paper develops into five parts. In the introduction, the writer reviews the evolution of the CPC propositions on human rights with four periods. In the period of new-democratic revolution (before 1949), the CPC put forth some general ideas. From 1949 to 1978, the party underwent a zigzag path in the field. Since 1978, the party experienced a historic breakthrough. In the present time, our party has made progress while a lot of major questions need in-depth study. Chapter 1 involves the rights to subsistence and development and focuses on three major questions such as the definitions of the rights to subsistence and development and their characteristics, and the controversies on these two rights between China and West.Chapter 2 concerns human rights and state sovereignty with four points as follows. State sovereignty is unsurmountable and the fundamental guarantee for human rights. The principle of state sovereignty is the most essential norm of international law. At last the writer discusses whether human rights are higher than state sovereignty or vice versa.Chapter 3 is related to individual and collective rights with the following three questions, i.e. the origin and meaning of collective rights, the debate on collective rights and the relationship between individual and collective rights.Chapter 4 discusses the universality and particularity of human rights with the following questions, i.e. the universality and particularity of human rights and their relationship.Chapter 5 refers human rights and legal system with the following four questions, i.e. legalization of human rights, legislation on human rights, establishing and improving the guarantee framework in democracy and politics, judicatory behavior and social securities for the protection of human rights.In the concluding part, the writer sums up some questions about methodology and points that it must follow dual perspective while avoid one-sided approach, materialism not abstract arguments, combination theory with practice not purely theoretical explanation.
Keywords/Search Tags:Research
PDF Full Text Request
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