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Individual Rights And The System

Posted on:2008-06-03Degree:MasterType:Thesis
Country:ChinaCandidate:B DongFull Text:PDF
GTID:2205360212993967Subject:Marxist philosophy
Abstract/Summary:PDF Full Text Request
The man is the thing of social relationships. There are no rights in a world that just one person lives. Personal rights are the mutual approbation and promise among people. Although the aim of personal rights is personal needs, people must acquire legal contents and forms (for example the law) in order to enter civilized society.Institution is the activities regulations of the people who live in the society. It is the certain form of social relationships. The compulsion and universal applicability of institution are the feature of it that no other social relationships can compare to. Institution is the effective mechanism which can regulate the social relationships. Institution, as a tool, is the way that can help personal rights to be true.There are complex relationships between personal rights and institution: on the one hand, personal rights are very frangible as personal mutual promise. They need protection which comes from the outside world. For instance, institution is the most effective tool to protect personal rights. On the other hand, national institution and authorities are the most dangerous trespassers toward personal rights. No matter what kind of institution arrangements, it is sure that they have the tension between protection and impairment. Along with the advancement of society and the promotion of the consciousness of personal rights, how to protect and actualize personal rights become the starting point and the end of institution contrivance. Also, they become the symbol of institutional civilization. Such as this etc.. In order to elaborate the issue, this paper is divided into 4 parts:Chapter 1: The task of this part is to define the content of personal rights and point out the social property of personal rights. As a kind of virtual and socialized benefit, personal rights are protected by law. Everybody in society puts forward requirements and acquires benefits through the society, the country and other people. Personal rights is a concept of modem meaning, based on market-directed economy. Everyone should hold this quality after the baptism via the free competition of modern society, democracy and rule of law.Chapter 2: The process of personal activity is a socialized course. The main way to socialization is the institutionalized arrangement. Institution provides social legality for personal rights to get prerequisite. The arrangement of this kind of institutionalization can cut down the cost which is used to maintain social relationships. So it is the natural result for people to select according to the most economic principle. Institution is the mechanism for personal rights from possibility to actuality. By the functions of constrain, information and stimulation of institution, personal rights acquire realization. But the conflict and tension still exist between the institution and personal rights inevitably. The institution of dictatorship and centralization never took personal rights as starting point. But the abuse of democracy hurts personal rights. Currently, the constitutionalism becomes a kind of not bad choice for political practice.Chapter 3: In modern society, constitutionalism is a kind of institution practice which directs to personal rights and freedom. Generally, constitutionalism is not a certain or specific institution. The rights of privately owned property establish the economic independence of individual. Democracy and rule of law not only have the reasonability of value, but also respect and realize personal rights. Relying on its own institutional advantages, constitutionalism has inner vitality and advocates the toleration of different cultures.Chapter 4: The consciousness of personal rights is a kind of citizen consciousness in nature and firstly it is. In our country, we heavily lack the citizen consciousness because of the reasons of culture, institution and so on. Seeking the way to improve citizen consciousness, I think institution should be the best way. Through building the institutions, we can express our personal rights and freedom; through carrying out the institutions, we can realize our personal rights and freedom; through innovating the institutions, we can develop our personal rights and freedom. Institution practice is a kind of activity which has transcended individual fields. Personal rights acquire historical reasonability and rightfulness because of the conversion from personal rights to citizen rights.
Keywords/Search Tags:personal rights, institution, freedom
PDF Full Text Request
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