The Primary Investigation Of Humanrights Protection'systematization

Since the conception of human rights introduced into China, there have been more than 100 years. The career of China's human rights absorbed western advanced human rights ideology and the pattern of system building, at the same time followed itself's characteristic developing skeleton to go forward. Today, respecting and protecting human rights has already become the modern civilized nation's fundamental merit tropism. Using the law to protecting human rights, writing the concrete contents of human rights and the concrete measure of the guarantee human rights into the law are necessity to the course of democracy and nomocracy. The society develops till today, we can say, no law is no human rights, the realization of human rights depending on the law's recognization and enurance.Especially from Chinese Communist's founding to the New China' s caming into existence, Chinese Communist not only led the victory of the Chinese new democratism revolution, but also drew up "human rights provisional constitution" in the building of regime. The "human rights provisional constitution" guaranteed the base's demos actual human rights, and also entured China's revolutionary to go to weels. It is worth us lucubrating today.Chen Duxiu and Li Dazhao led the new cultural sport, and the"human rights send" put forward characteristic human rights view and the law view for saving China. The group's Representations are Hu Shi and Luo Longji. They are the primary ideology background of "human rights provisional constitution" which Chinese communist led to constitute. The society turbulence, internal revolt and foreign invasion, Kuomintang's autocracy and the revolution base's founding abroadly are the primary society background; Marxist human rights view spread abroadly at China and Mao Zedong inheritted and developed Marxist human rights view in the revolution practice and then Mao Zedong's human rights came into being. They were all the theory guidance of constituting "human rights provisional constitution". Communist Party of China investigated actively and drew up deferent concrete contents of "human rights provisional constitution" to the stage characteristic of the history development. It accelerated the speed of using the law to protect human rights.Compared with this, the Kuomintang also drew up the law and to boost human rights at same period. Although on the top of paper's law' s degree of specification and integrality is far higher than the communist establishment, but because what Kuomintang represent is the benefits of the main and big propertied class, so it was impossibly to protect human rights of the large people. The human rights provisional constitution of the Kuomintang is used to support absolute monarchy, dictatorial with paralyze the people's tool. Communist Party at the time of drawing lessons from it, constituting "human rights provisional law" from determinedly the people's basic right, and continuously perfect its establishment from the system level.The "human rights provisional constitution" before 1949 which Chinese Communist led to constitute had an important function to new victory of the democratism revolution and law system of perfect with the developments of human rights business. Let the Chinese know the progress of human rights ideology, the progress of human rights business, human rights legalization of the progress not only belongs to west countries, the Chinese nation is also have the development space and grain of itself. But we also existed deficiency such as the contents is too simple, the law language is so emotive. Its experience is worthy us absorbing hard in aftertime of human rights legalization progress, and the lessons are also need us to take warning.