On The Principle Of Human Rights In Public Law

Along with human rights into the constitution and enhancement of rights consciousness, rights topic are increasingly concerned and idea of human rights has taken root among the people. As one of the basic constitutional principles, the principle of human rights has gradually exceeded the framework of the constitution and come into the vision of public law. Moreover, public law's significance, status and functions have fully manifested as an independent legal system. The establishment and perfection of theory system of public law is inseparable from abstract principles of law. Because of this, the author attempts to study and explore the principle of human rights within the overall framework of public law, so that it can help to the legislative and judicial practice.The paper is made up of the preface, the text and the conclusion. The preface briefly introduces the background of this paper. The text is composed of five parts. The first part is the basic theory of public law. This part consists of the basic meaning of public law, and thinking on division of public law and private law, and theoretical foundation of public law and the basic principles. The second part is to study the principle from the view of concept. This section introduces the concept and history of the principle, and analyses the principle from the view of public law in order to reveal the profound meaning and theoretical origin. The third part is to study the principle from the view of public law norms. Through analysis on specific norms of typical public law and strong attribute public law, we can find the reality orientation of the principle in public law. The fourth part expounds the principle from the view of value. In my opinion, the core value of public law lie in effective safeguarding of citizen rights and proper exertion of public power, and the formal value lies in the balance of citizen rights and public power. Public law is the controlling law to restrict power and the protecting law to safeguard rights. The fifth part introduces the establishment of the principle of human rights. This part focuses on the importance of the principles and some specific ideas to put into practice. The feasible measures conclude three dimensions of the legislative, judicial and theoretical research.This paper discusses the principle of human rights with the concept, in-depth analysis on the meaning of the principle from the view of norm analysis and value analysis, trying to interpret the principle within the overall framework of public law. In the process of writing the paper, the author used the method of historical research, empirical analysis and value analysis. In short, I hope this paper can give the readers a more comprehensive and systematic display. And through my study, more new ideas can be brought into our research on public law. It also plays its important role in building a country ruled by law and building a harmonious society.