Research On Emerging Rights Generation Theory

As Chinese social structures continue to develop and mature,one of the developmental byproducts is the new-found concept of democratic rights.Theoretically,this new concept of democratic rights might share similar premises with the formation of general rights.Yet democratic rights have certain exclusive,and unique,characteristics.Obviously,such “new” democratic rights can make this “newfangled” claim is mainly due to the evolvement from,as well as comparison with,some “former” rights,which have “newly” surfaced through social advances and economic growth in China.While,currently,such democratic rights have only received minimal social acceptance as“notions of democratic rights”,their full recognition through proper and formal legislative and institutional manifestation have yet to materialize.There are also parts of those new democratic rights that contravene against traditional rights and notions of general “rights proclamation”.Therefore,from the view-points of systematic development and feasibility,this new democratic rights is not so easy to become institutionalized.Nonetheless,the new democratic rights deserve vital legislative and judicial analysis.Legislatively speaking,to properly study new democratic rights will compensate for the current gap in legal protection of rights.Since the manifestation of rights clearly indicates the inertia for the renewal and consummation in the legislative structure of the nation.And the process of renewal and consummation in the legislative structure can guarantee the protection and preservation of rights.On the other hand,judicially speaking,the proper study of new democratic rights will enforce the concept of rights amongst the judicial professionals,which will further extend the judicial mindset of those practitioners,such that when handling tough legal cases or dealing with protection of rights,the litigants’ legal rights will be upheld should the circumstances dictate same.The development of this new democratic rights is propelled through multiple forces from China’s market economy,civil society and law-abiding state.The robust market economy fuels the development of the new democratic rights with a materialistic foundation.The civil society provides a firm and necessary social structure.And law-abiding state reinforces that foundation legislatively and judicially.Thus,thereare but two channels through which new democratic rights can surface: either through state legislated and judicially guided statues,or brewed and fermented from common law which initiates both the bases and momentum.The theoretical structure and institutional evolvement for the new democratic rights can only mature with the combined efforts of law academia from all areas.It is the writer’s suggestion that law academia in legal foundations can focus in the study of the fundamental theories in new democratic rights,whereas scholars in the facets of departmental law deal with the practical application analysis.This cooperation will ensure the correct understanding and expansion of democratic rights in China.