Comparation Study Between The Two International Human Right Conventions And Chinese Constitution

All the law subjects are on the relationship between rights and duties. Rights are basic but duties are derivative. Humanrights are the most important among rights .We can grasp the essence of the Constitution if we start studying it at humanright. Our government signed the International Covenant on Economic, Social and Cultural Rights in 1997,and International Covenant on Civil and Political Rights in 1998.The former was ratified by the Standing Committee of the National People's Congress in 2001 ;the later will be ratified soon. In order to carry out commitments to international society, It's necessary for us to find out the differences between the two covenants and our Constitution. In the comparation studying, I find that there is no complete conflicts on rights contents and guarantee system ,although the sense of humanrights is different. Our government persistently upholds the principle that treaties must be abided by, Especially in recent years, We have progressively set up perfect socialist law system and the humanrights conditions have been improved. However, humanrights developing is a historical process. As a developing country, Chinese humanrights conditions are restricted by history, nature and developing level. We have some way to go. Firstly, we should take humanrights as the basic constitutional sense, strengthen restriction on governmental rights, pay attention to special protect for weakness group rights; Secondly, consider to add two rights of reticent and migration to our constitution; Thirdly, quicken the steps on constitutional judicalization, enhance the quality of the judges. As the citizen getting more sense of humanrights, we are not far from a democracy and cultivated country ruled by law.