On The Legal Protection Of Human Rights In China

Human rights are the basic rights to which one is and should be entitled as a person. The enjoyment of full human rights is common ideal which human beings have been pursuing. The realization of human rights is an important measurement of national political democracy. Since the concept of human rights was put forward for the first time, people from all countries have made extraordinary efforts to win human rights and have earned a lot of achievements. Based on the specific conditions and history, according to the Marxist theories and the practical experience gained in long-term revolution and construction, during the active participation in the international activities of and the struggle for human rights, the Chinese government and the Chinese people combine the universality of human rights with the particularity of Chinese history, culture and reality to set up the socialist values of human rights with Chinese characteristics.Through a winding development process, the safeguard of human rights that adapts to us Chinese has been found, a relatively complete judicial system for guaranteeing human rights has been formed, and the people's human rights have been truly maintained and strengthened. However, there are still some deficiencies in practice such as imperfect legislation for guaranteeing human rights and not adherence to law in all affairs, which seriously influence the safeguard of human rights and should be modified. Starting from the definition of human rights, this dissertation investigates the history of human right safeguard in China, points out the deficiencies in guaranteeing human rights while analyzing the achievements made in the safeguard of human rights, and then puts forward specific ideas for improving the safeguard of human rights.The dissertation develops in four parts.In Part I ,human rights are generalized, including the definition and contents of human rights. Human rights refer to the basic rights and freedom to which everyone is and should be entitled by nature under certain social and historical circumstances. They are divided into two kinds—collective human rights and individual human rights and the relationship between collective and individual human rights is also illustrated.In Part II, the development of human rights in China is presented in the following periods: the ancient times, democracy revolution, the early days of Liberation, and socialist construction. Looking back at and summarizing the development history of human rights, we can find that the People's Republic of China has made a hard and long exploration in safeguard of human rights.In Part III, the contemporary situation of human right safeguard is analyzed. In recent years, the safeguard of human rights in China has remarkably achieved. Chinese government and the Chinese people have made every effort to maintain human rights and improve conditions for human rights. They not only build up laws in China but also participate actively in international cooperation and communication. However, there are still some deficiencies that need modification, such as imperfect legislation for guaranteeing human rights, severely violation of rights in administration of justice, and violation of human rights in judicial administration, etc.In Part IV, some suggestions are proposed for improving the safeguard of human rights in China. A legal system with the Constitution as the core for guaranteeing human rights should be built up. The adherence to laws in administration should be insisted on and the ways to guarantee human rights should be improved. Judicial independence should also be insisted on in order to ensure the administration of justice so that the legal safeguard of human rights in China can be enforced and further realized.In brief, continually accelerating the development of human rights and striving to achieve the goal of realizing full human rights demanded by Socialism in China are still a long-term historical mission for both Chinese government and the Chinese people. It is believed that with the efforts of all Chinese citizens, all-round progress must be seen in China's legal safeguard of human right.