Discussion Of States Obligation In The Protection Of Basic Rights

According to the theory and practice of basic rights in Germany, basic rights is of the dual nature of "subjective rights" and "objective law". From the "subjective rights" nature, basic rights is of "the function to defense" with that individuals can request to against the state's infringement. Correspondingly, the state bears the "negative obligation" not to infringe basic rights; From the "objective law" nature of basic rights, we can conclude the "benefits function" and "states protection obligation functions". Therefore, the states bears the positive "paid duty" and "obligation to protect" to citizens basic rights .Currently, theory and practice of basic rights are not perfect in China, it is necessary to borrow the theory and practical experience from Germany, clear the legislature,executive and judiciary obligations to protect basic rights, and establish perfect system of constitutional litigation and unconstitutional censorship in order to promote achievement of citizens basic rights in our country.