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After the Human Rights in the Constitution, the Research on the Legal Protection of Economic, Social and Cultural Rights in China

Author: LiuWei
Tutor: ChenQiuYun
School: Hainan University
Course: Legal Theory
Keywords: Legal Regulation Economic Social and Cultural Rights the constitutioncontaining Human Rights Basic Rights of citizens
CLC: D920.0
Type: Master's thesis
Year: 2013
Downloads: 1
Quote: 0
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Abstract


"International covenant on economic, social and cultural rights" confirmed economic, social and cultural rights which use legal firstly. It break through the limitations that the Western countries emphasized the Civil and Political Rights, become an important convention on Human Right. This international covenant express that the human quest for a better life with dignity. China has fulfilled the obligation of States positively and implemented the right of Covenant seriously since June27,2001. In China, the concept of the "Human rights" was introduced to constitution in2004. It would be a major turning point in Chinese human rights when it introduced into the Constitution, the turning point in the legislation is the law, revising the old law, making up for the law blank or modify the backward law. The basic human rights of citizens in the constitution, state promulgated and revised many economic, social and cultural rights protection laws. Of course, since the founding of the country has been committed to improving the economic standard of living of citizens, maximum guarantees of economic, social and cultural rights, but due to limitations in social background and level of economic development, number either from legislation or from the legislation on the gap in quality. This article on human rights into the Constitution after its adoption of a new law related to economic, social and cultural rights, and in some case studies, comments on China’s human rights into the Constitution guarantee citizens’ economic, social and cultural rights and the direction of development of legislative regulation as well as defects. For guarantees citizens economic, and social and culture right state regulations system of defects, we cannot simple of copying advanced developed of legal, because citizens of economic, and social and culture right of guarantees needs national take active of attitude, and national economic development level directly related, so in perfect my economic, and social and culture right state regulations system Shi, should full consider national of country and economic development of level. Starting from2010in our country has become the world’s second-largest economy, however, gross domestic product per capita in2012is ranked90th, solve the basic life of the1.3billion people to protect,1.3billion people live in dignity, is by no means an easy job. Therefore, author think perfect my economic, and social and culture right of legislation regulation should in reference advanced national of legislation thought of situation Xia, and my of reality phase combined, with development of concept to solution citizens economic, and social and culture right legislation in the of problem, and related of legislation should and national or local of economic development, level match, also, national political reform should and guarantees citizens economic, and social and culture right phase combined.

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CLC: > Political, legal > Legal > Chinese law > Theory
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