Font Size: a A A

A Study On The Issue Of Maintenance And Rights

Posted on:2015-04-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiFull Text:PDF
GTID:2176330422973043Subject:Jurisprudence
Abstract/Summary:PDF Full Text Request
Human rights has always been the common pursuit for lofty ideal from the human rightsconcept and idea in ancient Chinese society, the concept of human rights and the struggle ofmodern Western society, to the cause of contemporary China human rights and development.Since the last century, the protection of human rights became an international issue, marking thehuman development has entered a new stage. Especially with the deepening of reform andopening-up policy, China has driven the rights to a new height, and the citizen’s consciousness ofhuman rights is much ever stronger. Stability means stableness and not constantly changing. Peaceis a blessing, and it is the common aspiration of every citizen to maintain social stability. Maintaining stability greatly reduces the social and political cost for economic development, andprovides the public safety and prevents social unrest, which objectively leads to the significantachievements in economic and social development in China today.Maintaining stability and safeguarding rights are in dialectical unification relations, in thatstability is the precondition and guarantee of rights, rights protection is the purpose and basis ofmaintaining stability. However, everything has two sides, so is the maintaining stability andsafeguarding rights. Conflict is inevitable. The key is to correctly understand and accurately grasp.On the one hand, conflict between the maintaining stability and safeguarding rights, scales ofjustice should tend to the rights and to the protection of human rights to the maximum; on theother hand, under the state of emergency, the protection of human rights has to decrease to someextent. For the problems between the current stability and safeguarding rights, deviation from thepublic power, movement and money stability maintenance mode, citizen rights interests areaffected, improper and extreme means are used such as that maintaining stability and rightsawareness is not equal, the legal consciousness of citizens is weak, and the network mediaexpression is in disorder. The issue of how to deal with the conflict between stability andsafeguarding rights needs legal thinking and legal way to solve. For example, strengthening thetop-level design and system construction, to safeguard the authority of the Constitution and laws,improve the Constitution and legal system, strengthen the enforcement of the Constitution and thelaw, to promote administration according to law and justice, to improve the administrative legalsupervision, the independent exercise of powers in accordance with the law, to strictly exercise impartial justice, to guide the civil rights into the legal track, to perfect expression civil lawsuitmechanism of interests, to pursue the correct understanding of the value of fairness and justice,and to pay more attention to protection of the rights and interests of vulnerable groups.
Keywords/Search Tags:Legal thinking, Legal way, Maintaining stability, safeguard rights, Consistency, Conflict
PDF Full Text Request
Related items