On Constitutional Protection Of Human Rights

At first, this is an investigative rather than original paper. Composed of three parts, the main body of the paper discusses the constitutional safeguard of human rights.Part one: fundamental questions of human rights. This part can be divided into 4 questions.(1) The definition of human rights. This section is a brief introduction to different points of view in the academic circles in China. It is a consensus shared by scholars that human rights have to be affirmed and safeguarded by the Constitution and laws. A preliminary classification of human rights was made in this section. The study on human rights in China should be conducted under the guidance of Marxist view on human rights.(2) The subject of human rights. Based on the introduction of the argument between the theory of individual subject and the theory of citizen subject, the shifting from individual subject to collective subject was presented in this section.(3) The system of human rights. It is a brief introduction to classification criteria at home and abroad.(4) The content of human rights. From the specific illustration of the right of liberty, the right of equality, the right of property, the right of survival and the right of development, we can get the conclusion that the right of liberty is the ultimate goal and other rights are means to achieve the right of liberty.Part two: The constitutional safeguard of human rights and its improvement in China.(1) The history of constitutional safeguard of human rights in China.The concept of human rights spreads to China in 19^th century. The constitution documents including "Temporary Provisional constitution of the Republic of china "has made the preliminary stipulation to the human rights safeguard .During the new democratic revolution time, the people's democratic political power of the base area has stipulated the human rights safeguard content in its constitution document ,and formulated the special human rights safeguard laws regulations. Our government has made endless effort to safeguard human rights. We fought for democracy and human rights in the wars of liberation and provided protection in the first Constitution in 1954. Although we have made serious mistakes in the Cultural Revolution, we have learnt from history. Following structural adjustments in the Constitution in 1982, we have made a breakthrough with the clear statement of "we respect and safeguard human rights" in the Constitution on March 14, 2004.(2) The accomplishment of our constitutional safeguard of human rights.The system of multi-party cooperation and political consultation works well in China. The economy of China has made great improvement. Chinese government spared no effort to relieve poverty and develop education, science, culture, health care and sports, promoting comprehensively the right of education and culture.(3) The deficiency of our constitutional safeguard of human rights.We should keep in mind the deficiency of our constitutional safeguard of human rights. In political rights, the rules on the right to strike are not perfect, voters registration system, the nomination of candidates, the order control in candidates' campaign are questionable. In economic rights, there are problems in the right of migration and the threat to the right of property by land expropriation. And the safeguard of the environmental rights of citizens is insufficient.(4) The improvement of our constitutional safeguard of human rights.Politically, suggestions were made on the improvement of the right to strike and the right to vote. Economically, radical changes in domiciliary registration has to be made to improve the right of migration, and improvements in the definition of public interest, the principles of compensation, the procedures of land expropriation and compensation can curb the threat to the right of property. The environmental rights should be confirmed by the Constitution as a fundamental right. In this way, the judicial remedy can get theoretical support and constitutional approval.Part three: the effective appliance of our constitutional safeguard to human rights. This part can be divided into three sections.(1) Cultivating the respect for the value of human rights.To make sure human rights are respected and safeguarded in every aspect of social life, and everybody should assume responsibility while enjoying rights, the value of human rights should become a household concept. (2) Constructing safeguard system of human rights with Chinese characteristics to raise people's awareness.Our human rights safeguard system and mechanism featured in the ternary structure of international organizations, government and non-governmental organizations.(3) Tightening up the legal system to protect the human rights of most people.Examination system of unconstitutional matters should be established. A constitutionalcommission under the People's Congress and its Standing Committee can be in charge of the examination. Meanwhile the judicial remedy can be provided by directly invoking the Constitution in litigations. And a special branch of common court can be set up to take charge of such lawsuits.