Comparative Research Of Constitutional Status Of Human Dignity

Since Charter of the United Nations after the Second World War ensures and advances the value of human dignity,the concept and value of human dignity has been broadly drawn into constitutions in worldwide state,becoming the non-ignorable objective value in governance system and constitutional order.As the uncertainty of the notion of human dignity and cultural particularity of state,provisions of human dignity are embedded into constitutionals in many countries as different constitutional status.Thus,from the comparative perspective to explore the constitutional text and judicial practice where dignity is in effect,it not only benefit from understanding and interpreting the constitutional status of human dignity,but also help to sufficiently comprehend the diversity of provisions of human dignity,leading to communicate,integrate and study with each other.From the literal form of constitutional text,the status of human dignity is decisively attributed to where the provisions of human dignity distribute in constitution,how many times the provisions of human dignity occur,and what the literal function of human dignity according to the provisions.The distribution of provisions always links to literal function of human dignity which determines the property and function of provisions of human dignity,at the meantime,the frequency of appearance is able to enrich the legal system of human dignity.As for the judicial practice of human dignity,human dignity presents the substantial function of principle,right and obligation.According to restrict or not,the principle of human dignity categories as absolute principle and relative principle.The right of human dignity includes moral rights of objective norm and relative basic right.The obligation of human dignity is regarded as restriction towards basic rights and resources of citizens' obligation.Based on the observation of human dignity in the worldwide states,it forms an logical system that constitutional rights derives from constitutional principles,engaging three modes: “absolute principle--moral rights of objective norm--restriction towards basic rights”,“the highest principle but not supreme—the basic rights with character of resources and substitution--restriction towards basic rights”,and “relative principle—independent or relative basic rights”.This system provides meaningful approaches of interpretation when understanding and comprehending the status of human dignity in China.