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Study On The Domestic Legel Order Of International Human Rights Treaties

Posted on:2014-12-03Degree:MasterType:Thesis
Country:ChinaCandidate:J SunFull Text:PDF
GTID:2256330401978406Subject:Law
Abstract/Summary:PDF Full Text Request
The approval of human rights treaties does not mean that the human rights treatycan be applicabled in the domestic legal system. The status of domestic application forhuman rights treaties in China is still in the fuzzy state. Further more, the legal level ofthe human rights treaty is still a problem in China. This paper is about orientation ofinternational conventions on human rights in the domestic legal order.The domestic legal order of human rights treaties relates not only to therelationship between domestic law and international law but also to the nature ofhuman right. If we can not understand the historical changes of the theory of naturallaw firstly, the understanding of human rights and fundamental rights is impossible.The author thinks, human right means not only the right to a person, but also could becalled as a objective rule about the world.The subjective and objective aspects of theawareness of human rights will be conducive to the implementation of the Conventionon human rights.From the practice of international human rights conventions and regional humanrights conventions we can observe that human right are as subjective right andobjective law regarded. This understanding for the bottleneck of China has a veryimportant practical significance for the protection of human rights.
Keywords/Search Tags:natural right, nature of human right, human righttreaties, legal order
PDF Full Text Request
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