On The Legal Protection Of The Realization Of Human Rights In China

In the history of human, it has been human rights that promotes the development of civilization of human society. Therefore, studies of how to protect such rights are of great importance. Among all the means of human rights protection, law, as an important way of social control, also plays a indispensable role. In this thesis, the writer will deal with the issue of how we Chinese to protect the human rights by means of the law.The first part mainly analyzes the concept of human rights. What the human rights are has not still had a unified concept until now. The human rights concept develops along with society's development. Great changes have taken place since its coming into being. In the human rights not only the concept "the human" has already expanded from the individual to the collective concept, but the rights, has also had the change. Usually, the changes can be divided into three stages. The first stage mainly takes the life, the freedom and the property rights as its content. The second, the economical, social and the cultural aspect rights, and the third , the self-determination right, the national autonomy right, equal rights, development right, natural resource power, environment power and so on, on the foundation of the first two stages human rights content. From the evolution, the human rights concept refers to three main aspects. First of all, the human rights are the rights which are enjoyed "by human". Every individual not only can but moreover be supposed to enjoy it. And here the human is of universality. Next, the human right is born right. Finally, the human right needs to safeguard. Nowadays, the human rights safeguard has already been the essential target of modern civilized national development.The second part mainly elaborates how to safeguard human rights in law. Law safeguard to human rights is mainly realized by transforming the requires into the rules of law. Generally speaking, the ways are as following: the negative safeguard, the positive safeguard and the redress. The negative safeguard is realized by the law and the state power institution behavior prohibition stipulation to the citizen. The positive safeguard refers to the realization of human rights by means of the law awards to the rights of citizens as well as to the state power authorization of the human rights related content. The judicature redress to the human rights refers to: when the legal main body has violated the law to the human rights negative safeguard aspect prohibition stipulation, when creates the violation to the human rights, the law ,through the relief procedure, causes the human rights to obtain the redress and again to safeguard.The third part mainly writes about the development history and the present situation of human rights in china. Even though the human rights concept originate by no means from China, but the Chinese people has continuously struggled for its realization, particularly from 1949 till now. The Chinese human rights condition has had the earth-shaking change; the relative consummation in legal system to the human rights realization has had positive function, the Chinese human rights enterprise has obtained the achievement which attracts worldwide attention. Especially the human rights read in the constitution manifest the human rights safeguard value. But while obtains the achievement, we should soberly realize that law system about human rights in our country is still insufficiency. The correlation of human rights legislation has many flaws; enforcement of the law exists at times to the human rights, judicature redress to human rights is not enough strengthen. All these request us to establish the more perfect human rights safeguard law mechanism.The fourth part which mainly aims at our country human rights safeguard in the legal insufficiency, proposes the corresponding improvement and counter measure. The main ways of law's safeguard to human rights in china are: the perfect human rights legislation system, the law enforcement against infringing upon the right and strengthens of the judicial relief function.