The Criteria Of Legislative Protection Of Fundamental Rights

The kernel and the boundaries of the fundamental rights constitute the scope of protection of fundamental rights.Kernel is the elementary content of fundamental rights;and the boundaries refer to the restriction of fundamental rights.There are two ways to protect fundamental rights: first,the reliance on judicial review by judging the constitutionality;second,depends on the specific legislation on fundamental rights to form legal rights.From our constitutional norms,protection relies on legislature,not only requires to enact laws under inner consciousness,and when drafting,under the consideration about respecting and protecting the fundamental rights of citizens,but also review the constitutionality of laws enacted by the judgment.Legislative guarantees the fundamental rights not only guide the legislative activities,also serve as criteria of judging constitutionality of laws enacted or not.Enact laws to protect the people's human dignity they should have,and use clear and specific language to form the kernel and boundaries of fundamental rights,the kernel should not be limited,and other content's restrictions must be reasonable distinction,which limit the purpose of the legislation must be consistent with the principle of proportionality.Specific criteria will be described vary from the difference between defensive function and beneficial function about the fundamental rights.