Russian Social Change Human And Civil Rights And Freedoms

Human rights, which is called "the rights and freedom of human and citizen" in Russian traditional law, has different prescription in Soviet Union and Russia.From the view of the constitution, these changes are shown in value basic of the constitution, pattern of legislation, structure of the constitution and content of rights and freedom. The necessity which engenders this kind of deep transformation lies in some aspects: in ideology, it functions as both collapse of traditional ideology and development of new political ideological; in social basic, it reflects litigation of human rights; in economy institution, it is marked by the establishment of the system of private ownership. But the principal reason is the transformation of society institution. Based on using the methods of historical analysis and relative analysis, the author reveals the enlightenment to our country yielded by the change of human and citizen's rights and freedom in Russian constitution. First, constitution's protecting human rights is the necessary demands and tendency for a modern country where legal system is under construction. Second, human's value is the basic of law. Protecting the rights of private property is necessary to found constitutionalism institution. In the view of the effects that Soviet Union constitution has had on Chinese constitution institution and we two countries are both facing the historical mission of transmission of the society, summarizing the theoretical exploration and practical experience of the revolution of Russian constitution has practical significance for the development of Chinese constitution and constitutionalism institution.