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Analysis Of Human Rights Law Protection In Shaanxi-Gansu-Ningxia Border Region

Posted on:2017-04-19Degree:DoctorType:Dissertation
Country:ChinaCandidate:J F R ZhangFull Text:PDF
GTID:1316330488972557Subject:Constitution and Administrative Law
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The shensi-kansu-ningsia border region legal protection of human rightsl,is systemic and comprehensive,under the background of Japan's aggression, and the hard condition of being.The system of the egal protection of human rights is from legislation, law enforcement to the judicial system.The practice of human rights protection is rare and important. It has had a profound effect on the national and international, once attracted a large number of foreign journalists and international friends to come and study.The domestic and international influence of the communist party of China has been raised. The most important thing is to make the communist party of China acquired a lot of popular support.The red regime of the communist party of China laid a solid foundation.The shanxi-gansu-ningxia border region legal protection of human rights accumulated a lot of valuable experience, even if from the point of view of human rights protection today, the human rights law of border region still has considerable reference.This paper is analysis of the border region legislation, law enforcemen and the judicial protection of human rights, gradually and objectively.and to sum up the experience of the shanxi-gansu-ningxia border region legal protection of human rights.The text is divided into five chapters.The first chapter "the summary of the shanxi-gansu-ningxia border region of human rights protection". Communist theoretical and practical background are introduced in this chapter.The new culture movement start at 1915.The knowledge of the democratic and scientific thought of baptism of the young people have advanced.An unprecedented liberation thought has been achieved.The new culture movement set off a trend of thought liberation in Chinese, has created the condition for the Marx doctrine spread widely in the China. With the development of the Marx doctrine of incoming, the doctrine of Marx human rights thought is advanced to accept and spread. A preliminary communist ideology of intellectuals of human rights thoughts began to sprout. After the founding of the Communist Party of China, ideological weapon in Marx's theory, has begun a series of preliminary attempts to improve Chinese people's human rights. And the establishment of the Soviet Republic of China, the Soviet regime carried out a series of guarantee of human rights legislation, which laid the foundation for the construction of the legal system in the shanxi-gansu-ningxia border region.The second chapter “The legislation of the protection of the human rights in the shansi-gansu-ningxia border region border region”. The history of Shensi Kansu NINGSIA border region is only thirteen years, but the evolution of the legislation was known to the world. It is different from the capitalist legal system, also different from the feudal autocratic rule of law. It is a kind of law with the guide of Marxism Leninism, embodies the socialist ideology and national view, it is the Communist Party of Chinese in abolishing the rule of feudalism and capitalism, in the local establishment of the model of democracy and legal system. It is a concrete border party policy, represents the interests of the people, won the support of the working class, it is an important cause of why border regime can expand in hard circumstances. The shansi-gansu-ningxia border regionhuman rights legislation in the service of the central task of the Anti Japanese War and the war of liberation. The legislative process is what Marxism Leninism, Mao Zedong Thought and China practice constantly fusion perfect process in the field of law.This chapter summarizes several legislation of the Shaanxi- Gansu-Ningxia border region. It includes the Constitution and the nature of the laws and regulations, organizational law, economic and civil legislation, criminal legislation, administrative legislation, litigation legislation.The content is summarized and the human rights safeguard of several legislation are discussed respectively.The administrative program established the basic principles of human rights and the basic content.There are five main programmatic legal document.They set the basic content of the protection of human rights and the basic measures of the protection of human rights.It adjusted the relationship between various interest groups.It is important to set up the anti Japanese National United.The third chapter " The administrative law enforcement safeguard human rights of the Shaanxi- Gansu-Ningxia border region". The border region government's main administrative activities are mainly concerned with economic, social, culture and education, women's liberation, "hobo" transformation and so on.In the process of administrative, administrative organs at all border from the protection of human rights based, pay attention to the unity of administrative law enforcement means and ends. This paper makes the research of the protection of human rights in several major administrative law enforcement activities, expounds the basic characteristics of their.The characteristics of administrative law enforcement system of the Shaanxi- Gansu-Ningxia border region Includes: People's Government in the process of law enforcement, law enforcement to the broad participation of government, mainly to other organs and organizations, law enforcement and supplemented by collective leadership and the division responsible for the combination.The fourth chapter “ the judicial guarantee of human rights of the ShaanxiGansu-Ningxia border region". The protection of human rights principles is through the border area judicial work.It is of great significance to the implementation of this principle.The implement of the protection of human rights principles of law in the judicial activities is important, including convenient for people; everyone is equal before the law; the evidence is more important than the confessions principles. These principles for enhancing the legal concept of judicial cadres, raising people's awareness of rights, has important value to improve the judicial work.The fifth chapter "the basic experience and the historical significance of the protention of human rights in the Shaanxi- Gansu-Ningxia border region". This article has carried on the summary to the historical significance of human rights legal protection from the three aspects of the war, the border region construction, and the public support. It laid the thought foundation, the victory of the war of legal basis and made the foundation of the regime from the perspective of war; In the border region construction perspective, it promoted the in-depth development and the democratic politics and the construction of legal system;In the popular perspective, it raised the people's cohesion and positive and promoted the victorious belief.From the practice of the protection of human rights,we can draw experiences: At first,people is the subject constantly in the people's human rights practice; secondly the development of Marx's theory is important; thirdly, the unity of theory and the practice of human rights is consistent; fourth, the establish and consolidation of the people's power is the fundamental the premise of the protection of human rights; fifth, state sovereignty is the foundation and guarantee of human rights construction and practice; sixth, strengthen the inner-party democracy, promoting the political democratization is important; seventh, we must admit the collective human rights, handle the relationship between collective and individual human rights correctly. The border region's legal and human rights construction has a special contribution and important position in the history of the party. The legal system construction and social reform promote China Marx doctrine and has an important role in modern social transformation.
Keywords/Search Tags:The shanxi-gansu-ningxia border region, human rights, Legal protection
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