Research On Legislation For Chinese Human Rights Protection

There are two thoroughly leaps in human history. One is become into people by the animal in the biological meaning, the other is turns into a person on a social effect by the person in the biological meaning. The first leap has been described by evolutionism, the second leap must be given the card by human rights. So human rights is the right that the people should be enjoyed according to their natural instincts. Human rights form people's primary condition. The person not enjoying human rights is not a real person yet. But the achievement needs a hardcourse--human rights legislation. "The country respect and ensure human rights"for current 24th amendment regulation of constitution passed in March of 2004.This can be rated as great milestone for Chinese human rights construction. This amending constitution introduces "human rights" the constitution for the first time. This regards "human rights" as a principle to write into the constitution for the first time in China's history, promoting "human rights" as the legal concept by a political concept, making respect and ensure the subject of human rights to be promoted as the country by political party and government, enable respecting and ensuring human rights by the will that the wills of the Party and government become the people and country.But we need perfect legislative system under the guidance of principle. So this text is from the angle of proper right, legal right and realistic right to analyse the basic meaning of human rights, human rights legislative protection and its research meaning, pointing out that the guarantee of human rights must be realized through legislation at first. Only human rights combining with law, proper right probably becomes legal right, and could realize human rights finally.Human rights is a kind of endogenous phenomena of cultural tradition based on the west, and a result of the natural gradual progress of western society and culture. But the human rights legislation of our country needs to use foreign ripe experience for reference because of lacking the national environmental resource. The human rights legislation should be probed under the guidance of national conditions in our country. So the article commented through foreign law and international law human rights legislation, the investigation of historical evolution and current situation of human rights legislation, analysed the main disappearance and reasons of human rights legislation, in order to look for the right direction and goal. Based on these, this text will be put forward some suggestions from the angle of perfect legislative principle and legislative system structure of human rights protection. I hope I can do my best for the theory of human rights legal construction.