The Implementation And Enlightenment Of The International Covenant On Civil And Political Rights In The United States

China was elected to the UN human rights commission in 1981 and became a member of the UN human rights council in 2006.Up to now,China has joined as many as 24 international human rights conventions,playing an increasingly important role in the field of world human rights protection.But as a large country with a population of nearly 1.4 billion,our country's human rights protection is not perfect enough,human rights protection mechanism is not sound enough,and still hasn't been approved occupy the important position in the field of human rights,the international covenant on civil and political rights,this does not favor the development of the domestic system of human rights protection in our country,also to our country in the world reputation in the field of human rights has a negative effect.The purpose of this paper is to provide valuable reference for China's ratification and implementation of the International Covenant on Civil and Political Rights(ICCPR)(hereinafter referred to as the "Convention"),which is the representative human rights convention of the United States,with a view to improving China's domestic human rights protection mechanism.Following the above ideas,this paper will discuss the above problems in four parts.The first part mainly introduces the origin and significance of this study,and explains the research status related to this topic.The second part analyses and demonstrates the Convention and its implementation mechanism.Firstly,based on the current situation of international human rights protection before and after World War ?,the origin of the Convention is briefly analyzed;secondly,taking Article 27 of the Convention as the demarcation point,the content of the Convention is elaborated from two aspects:the type of rights and the procedural norms,focusing on the specific content of rights and the significance of the Convention.From the perspectives of the supervision of the enacting organs and the domestic implementation of the Contracting States,this paper makes an analysis and demonstration of the implementation mechanism of the Convention.The third part is the application of the Convention in the United States.Firstly,this paper introduces the process of attitude change of the United States in ratifying the Convention,which is closely related to the cold war and the domestic political game of the United States.Secondly,starting from the comparison between the Convention and the domestic law of the United States,it analyses the reasons behind the reservation made by the United States to the Convention.Secondly,it introduces the application mechanism of the Convention in the United States and explains the international convention in the United States.The legal status of the Convention and the application modes of "automatic execution" and "non-automatic execution" developed in the judicial practice of the United States are briefly analyzed.Finally,the specific application of the Convention in the United States is elaborated from the legislative,judicial and administrative levels.The fourth part analyses the Enlightenment of the United States to China from the implementation of the Convention.Since our country has not yet ratified the Convention,this part first gives a brief analysis of the conflict between the Convention and our legislative system,then demonstrates the application mechanism of the treaty in our country,and then analyses the reservations that our country can make to the provisions of the Convention,as well as the inspiration of the system design of "automatic execution"and "non-automatic execution" of the United States for our ratification and application of the Convention.Finally,the possible application of the Convention in China is analyzed,which has a positive and effective reference significance for China's early ratification and implementation of the Convention.