A Study On The Socialist Human Rights Thought With Chinese Characteristics In The New Era

The formation of human right idea in new era of Chinese characteristic socialism has profound historical background,abundant theoretical sources and hard formation process.Since the 18 th CPC National Congress in 2012,socialism with Chinese characteristics has entered a new era,and the Chinese nation is marching with unprecedented speed and strength toward the great leap of "becoming stronger".At the same time,the world has entered an era of extensive adjustment,great development and great revolution.The world has increasingly become a close-knit community,and the realization of comprehensive and full human rights has become the common aspiration of all mankind.Under this background,the socialist thought on human rights with Chinese characteristics in the new era entered its formal formation stage."Set the emperor for the people" "The sovereignty granted by the people" "The people are important than the ruler" "Restrain the emperor for the people" and other thought as the basic contents of people first thought in ancient China,The western thought of human rights successively influenced by "Man's natural right" and neoliberalism and introduced during the period of "The eastward transmission of western sciences ",the classic Marxist thought of human right taking human right's conception of history,class outlook,dialectical view and relativity value as the basic framework,and human rights thought in different historical periods formed in the process of Sinicization of Marxist human rights theory,are the theoretical sources of human right thought in new era of Chinese characteristic socialism.And on that basis,The thought of human rights with Chinese characteristics in the new era has experienced the rise and cover of the theory of rights in the revolutionary discourse between 1949 and 1977,the germination and reflection of human rights thought in reform discourse between 1978 and 1990,the flag restoration of human right idea of Chinese Characteristic Socialism,and the significant development of human right idea of Chinese Characteristic Socialism stage,it will enter the formal formation stage from 2012 to 2017.The successful holding of The 19 th National Congress of the CPC in 2017 marked the formal formation of this idea and thus entered a period of deepening development.The basic content of the thought on human rights under socialism with Chinese Characteristics for a New Era includes five aspects.First,the "people-centered" juche thought on human rights.Under the guidance of this thought,we must continue to develop socialist human rights with Chinese characteristics for and by the people,and the fruits of human rights development are shared by all the people.The second is the human rights logic thought of "dialectical unity as the principle".Under the guidance of this ideology,the dialectical unity of human rights and sovereignty,rights and obligations,universality and particularity,collective human rights and individual human rights should be realized.The third is the idea of human rights object "Aiming at all-round development".Under the guidance of this ideology,the rights to subsistence and development should be regarded as the primary human rights,while ensuring the comprehensive and coordinated development of civil,political,economic,social,cultural and ecological rights.Fourth,the idea of protecting human rights with "The rule of law as the core".The formation of this thought takes the development of the relationship between the rule of law and human rights as the main line,and requires full attention to the value of the rule of law to the protection of human rights,and fully realizes the legal protection of human rights to "define" the human rights through legislation,to "ensure" the human rights through law enforcement,to "save" the human rights through the judiciary,and to "protect" the human rights through law abiding.Fifth,The idea of global human rights governance is based on "Building on a community with a shared future for mankind ".Since the 18 th National Congress report of the CPC first proposed "Advocating the sense of community with a shared future for mankind" in2012,Xi Jinping has expounded the concept and connotation of "Building a community with a shared future for mankind" on many international occasions and gradually matured the thought,effectively promoting the development of the socialist human rights thought with Chinese human rights characteristics.Under the guidance of this thought,the“ community with a shared future for mankind”must be an organic unity of economic community,political community,security community,civilization community and ecological community.The main western human rights thoughts have gone through the development process of naturalism,utilitarianism,neoliberalism and capacity justice,forming a situation of coexistence of various thoughts,each of which has a certain historical progress and realistic limitations.There are important differences between the socialist human rights thoughts with Chinese characteristics in the new era and the western human rights thoughts in value orientation,right emphasis and realistic orientation.First of all,the thought on human rights of socialism with Chinese characteristics in the new era takes harmony as the value orientation and requires individual value and individual human rights to be discussed in the overall civilization process of the nation state,while the western human rights thought always takes individualism as the value orientation.Secondly,the socialist thought on human rights with Chinese characteristics lays emphasis on positive rights,that is,not only civil and political rights,but also economic,social,cultural and other rights.Western human rights thought focuses on negative rights,that is,emphasizing civil and political rights while ignoring economic,social and cultural rights.Finally,the thought on human rights with Chinese characteristics for the new era acknowledges both the universality of human rights and the particularity of human rights,advocates the diversity of human rights models,while western thought on human rights confuses the universality and "universal values",advocating the uniqueness of human rights model,Compared with the western thought on human rights,the socialist thought on human rights with Chinese characteristics in the new era has obvious advantages in theory,path,system and culture.In order to make these advantages give a full play,it should consolidate the theory and realistic basis of external expression of human rights idea,overcome the reality dilemma in external expression of human rights idea,at the same time to establish the strategic significance of Chinese human rights discourse system in new era,and by "Tell Chinese stories well" and "Spread the voice of China" these two paths to promote the ideological advantages of Socialism on Human Rights with Chinese Characteristics for a New Era into the discourse advantage.The socialism thought on human rights with Chinese characteristics in the new era should be carried out in three ways:rule of law,policy and education.The protection of human rights under the rule of law in the new era has experienced three development periods:human rights legislation period,human rights judicial period and human rights rule of law period.The protection of human rights under the rule of law in the new era is characterized by universality of subject,extensiveness of scope,fairness of human rights,openness of system and international vision.Its basic orientation is to adhere to the party's overall leadership in the protection of human rights under the rule of law and lead the construction of human rights under the rule of law in the new era with the new concept of development.The main forms of policy protection for human rights in the new era are not only the formulation and release of national human rights action plans,but also the issuance of guidelines,regulations,measures and notices,as well as the launching of special actions.Policy protection of human rights in the new era has the advantages of being targeted,timely and efficient,flexible and easy to adjust,but there are also limitations such as the difficulty in equality of protection subjects,the difficulty in balance of protection level,the difficulty in coordination of various policies and the difficulty in maintaining the stability of protection.Based on this,the development of the new age policy safeguard human rights,not only requires the connective integration,improve the effectiveness of the protection of human rights,but also need to attach importance to learning,enhance the rationality of the policy,at the same time needed to expand the social participation,enhance the influence of the policy implementation,also need to strengthen the supervision and evaluation,to ensure that the science of policy evaluation.Strengthening human rights publicity and education in the new era is to enhance the "four self-confidence" of young students,clarify the malicious slander of western countries and China's obligation to guarantee international human rights.The system should be constructed from three aspects:education carrier,education object and education content.Started the new era of China's human rights education has experienced the germination,starting and the preliminary development three stages,and in the school education,social education and so on public education is facing many difficulties,should be at the national level intensify education of human rights protection,promote human rights education in school level professional development and the realization of human rights in the society level education universal path optimization,etc.