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Research On Guarantee Mechanism Of Human Rights In The Constitution Of Russian Federation

Posted on:2016-07-26Degree:DoctorType:Dissertation
Country:ChinaCandidate:X Y ZhaoFull Text:PDF
GTID:1226330461451167Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Nowadays, guarantee of human rights has become a consensus of the world. Guarantee of human rights in the Constitution Russian Federation is also established in this historical background. By the end of 1991, the Soviet Union collapsed, the Russian Federation became independent. "Declaration on the rights and freedom of humans and citizens" was adopted by Russian Federation on November 22, 1991. Principles and norms of human rights recognized by international law were accepted. "Constitution of Russian Federation" was passed in a national referendum on December 12, 1993. "Human, human’s rights and freedom are the highest value" is clearly declared. The principle of the supremacy of human rights is established as the core value. Corresponding guarantee mechanism of human rights is built, which greatly promote the progress of guarantee of human rights of Russian Federation.Throughout history, establishment of the theory of guarantee of human rights and the principle of the supremacy of human rights has experienced a complex and tortuous course of development. "Declaration on the rights of exploited working people" drafted by Lenin was adopted by the Soviet Union as early as on January 25, 1918, in which rights enjoyed by the working people were clearly announced. Throughout the era of the Soviet Union, Russian Federation, as a republic of the Soviet Union, rights and freedom of citizens were provided in its constitution. We can find change of the theory of guarantee of human rights through the evolution of human rights provided by the constitution of the Russian Federation. It gradually transform from nationalism to individualism, from instrumentalism to purpose doctrine, from obligation standard to right-oriented standard.Compared with previous constitution, "Constitution of Russian Federation" has made significant progress in human rights and their guarantee. From the perspective of content, firstly, "rights and freedom of human and citizens" is established in the form of a special chapter. The word "duty" disappears in the name of chapter; Secondly, "rights and freedom of human and citizens" is the second chapter of constitution, which is before the chapter of organs of state power; Thirdly, the scope of subject expands from "citizen" to "humans and citizens", which highlights "human’s rights and freedom"; Fourthly, "order" of norms on the human rights is changed, individual rights and freedom, citizens’ political rights and freedom are first provided, and then social and economic rights and freedom, rights and freedom of particular people, the right to defend rights and freedom are provided; Last, the provision of "recognizing and defending rights and freedom of human and citizens" is clearly prescribed as the state obligation.From the perspective of guarantee form, the Russian Federation adopts a "compromise guarantee mode", but it has its own distinctive characteristics. It forms a comprehensive legal network which includes declaration of value, design of system and measures of relief. From the perspective of relationship between citizens and the state, mechanism of presidential protection, legislative guarantee, administrative guarantee and judicial guarantee are clearly defined in the constitution of Russian Federation.Firstly, the Constitution provides mechanism of presidential guarantee. President of the Russian Federation is the head of state. It is in a dominant position in the national constitutional structure. President of the Russian Federation is the person who protects the rights and freedom of humans and citizens. By virtue of its constitutional status, the purpose of "respect and guarantee human rights" can be achieved through the exercise of authority conferred by the Constitution or the mechanism of coordination procedure of federal president. In addition, a corresponding auxiliary mechanism is also provided by "the Constitution of the Russian Federation". They assist the President of the Russian Federation to fulfill its solemn mission of guaranteeing the rights and freedom of humans and citizens.Secondly, the Constitution provides mechanism of legislative guarantee. Federal Assembly(ie, "parliament" of the Russian Federation)is the legislative body of the Russian Federation. As the legislative body, Federal Assembly guarantees implementation of the provisions on the rights and freedom of humans and citizens of the Constitution through making federal law(federal constitutional law and federal common law) and approving and abolishing international treaties. In addition, the Russian Federation also establishes the plenipotentiary system of human rights. Plenipotentiary of the Russian Federation shall be appointed and dismissed by the State Duma of the Russian Federation. They supervise the Russian Federation by considering charge of citizens, foreign citizens and stateless persons, thereby achieving the protection of rights and freedom of humans and citizens.Thirdly, the Constitution provides mechanism of administrative guarantee. Russian Federal Government exercises executive power. It is the highest executive organ of state power. Russian Federal Government exercises power according to the the Constitution. The principles of its organizational activities and important duty are taking measures to guarantee rights and freedom of humans and citizens. Meanwhile, the Russian Federation also adopts the "Code of Administrative Offence of the Russian Federation" which focuses on preventing and punishing offences of the executive authority to prevent governments from violating rights and freedom of humans and citizens. Last, the Russian Federation also establishes the system of administrative appeal and administrative reconsideration to guarantee rights and freedom of humans and citizens.Last, the Constitution provides mechanism of judicial guarantee. Judicial relief is " the last line of defense". The judicial authority which exercises jurisdiction can achieve the guarantee of rights and freedom of humans and citizens by constitutional proceeding, civil proceeding, administrative proceeding and criminal proceeding. In addition, the Russian Federation provides mechanism of international judicial guarantee, which means that people can resort to international organizations of human rights after exhaustion of domestic judicial remedies. According to this, system of judicial guarantee of human rights is composed of constitutional judicial guarantee, ordinary judicial guarantee and international judicial guarantee, which jointly assume the duty of judicial guarantee of human rights. Among these, the Constitutional Court plays a key role in the judicial guarantee human rights. In accordance with the procedure provided by federal laws, the Constitutional Court has the right to review whether applicable federal laws in specific cases conform to constitution according to the charges on infringing on the constitutional rights and freedoms of citizens, or according to inquiries of the court, thereby directly and effectively guaranteeing human rights. Last, although the Russian Federation prosecutor is " law protection agency", it plays an increasingly important role in real political life through exercising prosecutorial function.The Constitution highlights the principle of the supremacy of human rights on the basis of reviewing historical lesson on guarantee of human rights. Current Constitution emphasize guarantee of human rights. On the one hand, rights and freedom of humans and citizens is established as the highest value, and on the other hand appropriate mechanism is set up to effectively guarantee human rights. Practice proves that guarantee of human rights in the Russian Federation has made great achievements. Their experience is worthy of our serious consideration.China and Russia not only are neighbors, but also are big countries. China and Russia have similar or even the same historical tradition, political system and legal culture. Now they are both in social transition period, facing similar or the same problems of legal change and legal reform. Experience showed in the process of developing idea of human rights, theory of human rights, system of human rights and practice of human rights in Russia undoubtedly provides some good references for our country which is also in the same period. Since China adopted the reform and opening-up policy, "how to further develop the guarantee of human rights and improve the system of human rights in China" has always been hot issue. When the Constitution in 2004 provided "the state respects and guarantees human rights", it further stimulated the people to pay more attention to guarantee of human rights. In this context, continuing to focus on guarantee mechanism of human rights in Russian Federation, analyzing experience in the process of guarantee of human rights have significance and significant reference value for us to promote guarantee of human rights in our country.
Keywords/Search Tags:Russian Federation(Russia), Human rights, The Principle of the Supremacy of Human Rights, the Constitutional Guarantee Mechanism of Human Rights, Presidential Guarantee, Legislative Guarantee, Administrative Guarantee, Judicial Guarantee, Reference
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