The Implementation Of Human Dignity In Administrative Law Enforcement

Human dignity, as the dominant value and philosophy in modern democratic society, founds the core principle of constitutional order and the source of fundamental rights. How to make its significance take effect from conception to social reality, from what-it-should-be to what-it-is, has raised the inevitable issue in the study of constitution and even jurisprudence and administrative law, which enjoys high value in both theory and reality. As an aspect of the society, administrative law enforcement involves in the field of human fundamental rights and interests, where human dignity is frequently violated. The disorder in administrative law enforcement in China triggers the realization of the urgency and importance to implement human dignity into this field.The main purpose of this article is to explore the way to implement human dignity into administrative law enforcement, to improve the protection of human dignity in the administrative law enforcement in China to some degree, by probing into human dignity. The article consists of four parts. In the first part, the history, development, connotation, function and significance of human dignity are discussed, in order to provide a clear understanding of human dignity. In the second part, the relationship between human dignity and administrative law is presented from a macroscopic view. This part argues that human dignity is the highest guidance of administrative law and its enforcement. In the third part, a concrete system to realize human dignity is constructed. This part notes that the protection of human dignity requires a law for "natural persons", which includes due process, freedom of information and protection of reliance. The fourth part looks back into the reality in China, and puts forward several suggestions and expectations based on former analysis.