On The Jurisprudential Basis Of National Obligation

Concerning the relationship between the state and its citizens, the state, whose power is restricted by its citizens, is a respondent to the rights of its citizens and a means of transforming the state power into national obligation, the context of the restricted state power. This obligation is a decisive factor in legitimacy of the state power, and the state power endeavors to stick up for its rights to assure the national justification. The rationality of power lies in ensuring the rights, while that of the state lies in serving its citizens. The ultimate realization of protecting citizen rights makes up the premise or the starting point of making all policies for the state.The request for human rights developed until today has been not only for demanding the rights of existence, but for all the requests which meet human morality. National obligation is to satisfy with the increasing need for both materials and spirit. To perform the national obligation for the state is the base to realize the protection of human rights. Protecting human rights becomes an essential mark for the state to possess its validity. To commit national obligation and put it into effect is not simply theoretical and not just an idea. Therefore, it should not be separated from the state power and social process. The generation and development of the national obligation goes with a specific social base. The purpose of this present work is to infer a mode of national obligation, analyze the moral factors and the legal content of national obligation, and the national obligation for the protection of human rights by studying and clarifying the theory of national obligation, and to search for contents of national obligation, thus to provide theoretical support for the state to carry out its obligation to protect human rights.