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Human Rights Protection System With Chinese Characteristics

Posted on:2015-02-27Degree:MasterType:Thesis
Country:ChinaCandidate:Z B WangFull Text:PDF
GTID:2296330431488167Subject:Legal theory
Abstract/Summary:PDF Full Text Request
This topic from the human rights theory and the viewpoint of historicaldevelopment of China’s human rights system, the system guarantee of human rights inChina, how to guarantee human rights for the development of socialism with Chinesecharacteristics, how to improve China’s human rights protection system. This paper isdivided into three parts, the first part mainly is China’s human rights protectionsystem, briefly describes human rights theory, and expounds the necessity of China’shuman rights protection system. Human rights theory mainly comes from the west,Chinese scholars is studied on human rights, according to their own nationalconditions, adhere to the guidance of Marxist human rights theory, combined withpractical experience, out of the road of Chinese characteristics of human rightsprotection system, forming the system of socialism with Chinese characteristics ofhuman rights. Human rights protection is the foundation of the value pursuit of justice,is the duty of the state, is based on the requirements of the ruling idea ofpeople-oriented. The second part mainly expounds and existing problems of humanrights protection system, perfected in the human rights safeguard in law in our country,the government attaches great importance to human rights and adopt effectivemeasures, and people’s right to survival and development are the better security,human rights into the constitution in2004, shows that China’s human rights protectionhas been further development. Although human rights protection in our country hasobtained more achievements, but still exist problems, in the constitution, theunconstitutional reviewing system is imperfect, the lack of constitutional lawsuitsystem. Exist in administrative law enforcement, administrative discretion is too large,the inadequate strength of the administrative law enforcement supervision andadministrative illegal phenomenon. On the judicial, incomplete legal system andjudicial personnel quality is not high. Traditional ideological factors hindering thedevelopment of the human rights and so on problems. The third part is mainly talkabout human rights security system with Chinese characteristics. In theory, to adhereto the Marxist human rights theory as a guide, perfect the security system, to perfectthe constitutional review system and establish constitutional lawsuit system. Adhereto the people-centered concept of administrative law enforcement, improving theadministrative legal system, perfect the administrative law enforcement supervisionsystem. Adhere to justice, perfecting the lawsuit system, to improve the quality of thejudicial personnel, improve the system of misjudged cases to prevent, correct, responsibility, etc. To further improve the benign development of human rightsprotection system.
Keywords/Search Tags:Human rights theory, Security system, The Chinese characteristic
PDF Full Text Request
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