| In essence, human rights are a matter of internal jurisdiction. However, the development of the world also brought some new changes to the concept of sovereignty. In order to promote the government to take a more active action in the maintenance of human rights, the relevant human rights conventions set out some special measures, including the reporting system, the state accusing system, the system of individual. Among them, a person to a certain international organizations accused of personal to the government of the country or the appeal system has been considered a very sensitive thing, so the conventions of its implementation mechanism to consider the individual to have strict provisions.The civil and political rights, the International Convention on the "(hereinafter referred to as the" Convention ") on December 16, 1966 by the general assembly of the United Nations through, came into force on 23 March 1976, as of March 31, 2016, has 168 signatories, otherwise 7 countries although signed but not ratified the accession. China signed the Convention in October 5, 1998, and has been preparing for the approval of accession.Individuals to the text of the mechanism is often referred to as the "Convention" of the "most powerful mechanism", "real teeth". As a result of the Convention on the Optional Protocol of the Convention, the individual "s mechanism has not been directly stipulated in the Convention. Only to become a state party to the Convention will be ratified or to be added to the Optional Protocol. At present, there are 115 parties to the protocol. Committee of the person to the program generally consists of two stages, first of all to considering the and the parties involved shall advice based on, according to the requirements of the Optional Protocol to the admissibility decision; if the paper is accepted, then based on the data and information submitted by the parties involved shall and the person(or their representatives) of this paper relates to the essence of the problem make provisions of the Convention is a violation of the decision.Although the Committee of the judiciary is not, it the person to the hearing nor judicial procedure, therefore consider the conclusion of individual communication is referred to as the "final opinion" rather than "decision" and not legally binding on the contracting parties to the Convention, however, such a trial can compared with the judicial decisions, as well as its consideration of process and final opinion still has a very important meaning of the law. Different to the general comments or the conclusive opinions of the reports of States parties, to consider to the individual committee "Convention" in the provisions of substantive rights provisions(Article 1 except) to measure the specific case to the accused, to determine whether there is any violation of the Convention shall apply; and the establishment of the United Nations Convention on the law of the breach, the parties involved shall should give the victims relief proposed specific recommendations. Is in person to the hearing and decision, the provisions of the Convention by the Commission in the concrete and specific cases applicable, from the general rules to individual cases, from the abstract expression to specific application, which reflects the actual effect. As a scholar, person to the mechanism "further development and integration of international human rights law, and create a precedent, make people pay attention to specific, specific violations of human rights situation, the questions and the victims is more obvious, the relief is more specific and can be implemented". So far has been referred to the Committee of 2593 personal to the coverage of the "stipulated in the Convention on almost all the substantive rights of the individual, especially committee the 1088 to the substantive matters to make the decision, is the Convention to supervision of the contracting parties in particular cases are in compliance with their treaty obligations, and further to explain the provisions of the Convention, thus forming a rich jurisprudence on Civil and political rights, become the authority and materials to understand and study the Convention.Most of the authors are both sent to the general assembly of United Nations Human Rights Center in Geneva to the receiving department. The Secretary General of the United Nations may ask the author to make a description of the case if the author is not aware of whether or not the author intends to submit it to the Commission. In other cases, the Secretary General shall, in the case of 10 to 20 days, receive the request of the Commission, and only notify the author of the fact that it has been received. In addition to the right to decide whether or not to be directly accused of the Optional Protocol to the members of the foreign, the Secretary General has no right to review or select the text in advance. All charges of the Optional Protocol to the members of the Secretary General on the basis of the rules of procedure of the mountain will be registered seventy-ninth. Secretary general to prepare a copy of the list, and with attached a copy of relevant to introduction to the content, between the Committee of the Standing Committee, together to send to the members of the Committee. After the registration is completed, the Secretary General in accordance with the rules of procedure eightieth requires the author to submit further information, and the feedback to the Committee members. To this end, the Secretariat will usually provide guidance to the author, such as a questionnaire and(or) to the text template. In order to require the author to provide the above information, the committee may approve a question. In the case of repeated requests for clarification or information provided by the author, the committee may suspend or delay the process of.However practice committee usually and not rigidly to split between the requirements of the order, but in the acceptance review stage called on parties and author, of a to the procedural and substantive requirements should be as the admissibility requirements to be taken into account.The common characteristic of the individual to the article mechanism is that it must be based on the terms of the treaty, and must be able to accept the individual after the exhaustion of domestic remedies. To the mechanism itself, its biggest characteristic is endowed with personal to violate human-rights when thing country by the defendant or the representations, to international human rights organizations proposed complaint or litigation to seek relief. Adding to the individual mechanism is designed to improve China’s human rights protection system, so that the human rights situation in our country to be perfect, but as the treaty bodies of human rights protection mechanism, a person to the mechanism will inevitably face the sovereignty and human rights is superior or inferior to that of the test. In addition, the individual as a person to the submission of the rights of the victims of the Convention, in the international level to seek redress for human rights, it is necessary to consider the status of individuals in international law."Achieve full human rights" is China trans century basic goal, "ruling the country by law, building a socialist country ruled by law" is the basic goal of China’s political system reform and the construction of democracy and legal system, and the rule of law and building a country under the rule of law of essence is to from the laws and regulations on the protection of human rights. In addition, the recognition and protection of citizens’ personal rights, democratic rights and other rights is also one of the important tasks and responsibilities of China’s state organs and the Chinese domestic law, including the constitution. Thus, approved in a timely manner and in China comprehensively and carefully comply with, the applicable and implement the Convention and to add to the mechanism is conducive not only to promote the protection of rights and freedoms for Chinese citizens and other interested individuals, but also conducive to the realization of the basic objectives and important task. In addition, in reality even if China did not approve individuals to join the mechanism, but our citizens still exist in a large amount to the Human Rights Committee of the United Nations human rights institutions to the practice, and it is precisely because China has not yet been approved by the person to join the mechanism and the mechanism to deal with the confidentiality, China cannot from the committee that these victims to a person refers to the truth does occur in the domestic civil and political rights are violated, but self-evident is this paper on China’s human rights situation at United Nations level produce bad influence. Is not a positive response to the situation of human rights in China, and difficult to directly to resolve the misunderstanding in some countries on the human rights situation in our country, regardless of the angle from which, adding to the individual mechanism will be in domestic conditions are ripe to be achieved things.In order to respect the sovereignty, improve human rights protection system in China from the angle of China, how to establish the protection mechanism of domestic complete docking, human rights, international protection mechanism in order to better and human rights in fact, creating mature domestic and international protection of human rights, let China join the "Convention", including more the individual communication mechanism is still long way to go, whether it is from theory to practice in the distance, or the legislation and enforcement of difference, based on the current national conditions, even if it is necessary to add to the individual mechanism, but the distance to the individual good mechanism of human rights protection system and finally realize the connection of the domestic remedies, the Convention of individual citizens set right, lack of sufficient conditions to achieve the implementation of mature.The government of the People’s Republic of China announced more than 50 years after the founding of the, especially after the reform and opening up to the outside world for more than 20 years, China in the realization of the right to life, the right to development and economic, social and cultural rights of the people made universally acknowledged achievements and has made great progress in the maintenance and protection of people’s civil rights and political rights of citizens also. Although the human rights situation in our country still from time to time by the criticism of western countries, but we still have to see objectively in our country for the protection of human rights held by the determined position. It can be said that China’s state organs in the implementation of the Convention has a certain basis, should have sufficient confidence and courage to face the challenges of the domestic implementation of the Convention will bring... |
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