Formation And Development Of Existence Of Rights Of Human Beings And International Law

The reflection to the second world war and development of human rights promotes the formation of rights of human beings, development of scientific technology and globalization for economy, politics, culture, law and so on makes increasingly clearer the characteristics of community of human beings. It demonstrates the existence of rights of human beings from the classical human rights idea to the modern concept of human being rights. Individual rights are basis of rights of human beings, the latter are abstracted rights based on everybody's needs, the concept of rights of human beings are formed and developed on the basis of concept of human rights, and is the extended form of individual rights. To vindicate the rights of human beings is, in the final analysis, to protect the individual or person rights of human beings.This thesis discusses the reasonableness with regard to existence of rights of human beings on the basis of philosophy of human rights concept; and the relationship between existence of rights of human beings and international law on the basis of the relationship between human rights and legal system. The reason that human beings are different from other animals is that they are social animals. From the outset hominid lived in the society. The rights of human beings did not arise from "the nature", but historically from the society. Therefore, every right reflects certain social relationship. During the course of historic development of human beings, the concept of human rights focuses on individual or partial area, while the concept of rights of human beings connotes the community of the whole mankind or the whole world. After the mankind goes through the Second World War, the globalization for every field is brought along mainly because of the globalization of economy, and at the same time the problem for globalization, i.e. the problem that the whole mankind has to be faced with, arises as well. In the meantime, the concept of rights of human beings gradually emerged, and the development of international law corresponds with concept of rights of human beings.In the 21 st century, the further development of international law indicates that the mankind, as a whole, will further tend to assimilation, such assimilation is a kind of necessity, and a kind of adscription. We think that the foundation and premise of such necessity is the existence of rights of human beings. From the perspective of development of human society, everything that was born would necessarily go to die. The country, as a phenomenon of human society at a certain historic stage, will ultimately be sent to the human history museum. It will be superseded by the society community and the rules and the criterion for vindicating it.