The Restoration Of Traditional Concept About The Content Of Human Rights

The content of human rights appeared during the bourgeois revolution period, and obtained further expansion and development. Nowadays, from the quite modern theory of "three generations of human rights", we are delighted to see the progress of social civilization, at the same time we also have to admit that the extension of human rights has been suspected of blind expansion. This is a very dangerous tendency. It can produce a negative effect on human rights practice, eventually do harm to individual rights and freedom. The purpose of this paper is to reiterate the classical theory of human rights with freedom and equality as its core spirit, and to emphasize the traditional liberalism human rights, reminding us to keep modest sober in the fierce exchange of the human rights concept.Firstly, we need to distinguish three relatively close concepts of human rights, the rights and rights of citizenship. Human rights are rights "human beings should enjoy". It is a very important part of the rights and represents a minimum standard. They both cannot be the same. Compared to civil rights, human rights have supranational nature, but civil rights are endowed by law. Rights have two fundamental properties:not attached compulsory and immediate implementation, which can be used as a strong argument to test some popular understanding of the content of human rights. And it can let people recognize rights such as economic social and cultural right from human rights in real sense.The mainstream of human rights spirit is against public power toward misgovernment. Only when public power keeps restraint, human rights are possibly to be satisfied. In fact,"The right to life priority theory" is the excuses for the expansion of administrative power and the suppression of individual, which should be rejected. Development rights are more like a political claim. It is an ideal target to achieve in the future rather than the rights of minimum standards. If be included in the content of human rights, it can cause damage to concrete practice of human rights, and cause disaster for freedom.