Research On The States’ Obligation Of Safeguarding Human Rights In China

People are born with human rights. Nowadays, with the booming and rapid growth of the scientific and technical information, respecting and protecting human rights are becoming the theme in the cause of political development. On December10th1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights, which prescribes the category of basic human rights and protection standard. It to some degree forces every member country to abide by international conventions on human rights act. Since the funding of New China, extraordinary progress and tremendous changes have taken place, and the idea of human rights certainly hit a whole new stride. The State Council Information Office has published documents on our situation of human rights for nine times since1991. In2009the Progress of China’s Human Rights Cause introduced the efforts we had made and achievements we had gained in promoting and safeguarding civil rights with plenty of datas and facts. As for the international cooperation in the realm of human rights, China also has made periodical achievement by signing the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, which implies that China respects the basic norm of law enacted by the U.N. in protecting human rights, and set it as the domestic code of conduct. After that. China successively joined25international cenventions, including Convention for the Prevention and Punishment of Terrorism, Men and Women Workers for Work of Equal Value, Convention on the Elimination of All Forms of Discrimination Against Women, and the Prohibition of Torture and Other Cruel, Inhuman or Indignity Treatments or Punishments. Foreign experts say that longitudinally, China has made amazing progress in ensuring citizen’s basic rights, and that is undeniable.China’s development and progress of the cause of human rights are obvious to all. However, our development of the economy and society among regions is inbalanced, and democracy started relatively later than western countries, thus there does exist some disappointmens in the condition of China’s human rights. The safeguarding and guarantee of human rights mainly depend on the government and rules of law, rather than the society and individual merely. As the subject of duty, every country is bound to respect, safeguard and promote the civil rights. In recent years, more and more scholars reveal their resistance to the study of the human rights in our country. They discussed the nature sauces of state obligations and its relations with the civil rights in depth from the angle of international jurisprudence, constitutional jurisprudence, and the political science. With great interest and some doubt., the author tries to study the sate obligations in procting the human rights from the aspect of human rights treaty, make a conclusion about the defects and the causes in carrying out the international obligation of protecting human rights, and find out the reasons of violating human rights, so that theoretical basis and fundamentos de facto for improving system of human rights protection can be afforded.