The Legal Nature Of Human Rights Research

At the present age, the issue of human rights becomes more and more concerned by the international society. The scholars of different countries have done much more research work on the issue from various angles. However, the research from legal aspect is insufficient. Today, as: "to rule by law" has became a policy in many countries, to research on the issue of human rights from legal aspect is of great value.The legal nature of human rights includes several aspects, the most interested one is that the matter of human rights is within domestic law or within international law, in other words, the protection of human rights is governed by domestic law or by international law. As to this question, there exist different viewpoints. These viewpoints can be divided into two groups: the monism and the dualism. The monists regard the legal protection of human rights as a matter governed by domestic law or as a matter governed by international law. The dualists regard it as a matter governed both by domestic law and by international law, but they hold different views on the relationships between the functions performed by domestic law and by international law. Through the analysis on the theories and practice of human rights, the authors hold the following views: (a) the protection of human rights is inherently a matter governed by domestic law; (b) international law performs a secondary rule in the protection of human rights.To research on the nature of human rights is greatly helpful to promote our country's human rights legislation and improve the protection of human rights in our country. Moreover, it has great significance for us to treat the international questions of human rights rightly, especially to treat the question of international protection of human rights with noninterference in each other's internal affairs rightly. All the countries should promote the international protection of human rights on the basis of noninterference in each other's internal affairs.