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Since reform and opening of China's human rights theory of evolution

Author: FanJiZeng
Tutor: QiYanPing
School: China University of Political Science
Course: Human Rights Law
Keywords: Human rights Theory of human rights International Human Rights Law Reform and opening up Universal value
CLC: D921
Type: Master's thesis
Year: 2011
Downloads: 263
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Abstract

Since reform and opening , China's human rights theory and continuously improve the level of research , research results have continued to increase . Human rights research from the social sciences into a restricted area of ??theoretical circles hotspots , human rights theory from a single species are gradually moving towards a diversified . The first chapter is combing properties and reviews the theory of human evolution . Due to the dogmatic Marxist doctrine , the former Soviet Union and Eastern Europe, a highly centralized socialist model of class struggle theory and the wrong thinking, \However, with the humanitarian research in the late 1970s the prevalence of reform and opening up routes and \Since then , human rights theorists began to strengthen human science research and international human rights law , that human rights are neither \The second chapter is combing and evaluation of domestic scholars on human rights theory of the origin of evolution . In the early scholars have traced back the origin of the human rights of people outside of the objective existence . \From the late 1980s on anthropological research and international human rights law gradually flourished , scholars began to \However, due to different understanding of human nature , human nature says they can be further divided into \The former believe that human rights are derived from the natural attributes , which consider human rights originated in the person's social attributes, namely social interaction between people . Whether it is \The third chapter is combing and reviews the theory of the evolution of the human rights body . Due to the impact of the doctrine of class struggle , the early theory is generally believed that the body is the enjoyment of human rights \\\1982 Constitution provides for the fundamental rights enjoyed by all citizens of the PRC subject is , that all have the nationality of natural persons of the PRC , thus breaking the interpersonal class boundaries . In legislation among citizens can enjoy equal rights ; judicially , citizens are equally protected by law. However, international human rights law to all natural persons as the main protection of international human rights conventions , the obligation of each State Party within its jurisdiction the equal protection of natural persons . Thus , scholars further criticized the subject of human rights is a civic point of view and that in accordance with international human rights conventions , human rights body should be every natural addition, scholars in the human body is the individual or collective forms generated controversy , human rights into \person says , \Meanwhile, the disadvantaged and the dominant position of cloned human rights issues also received attention of scholars . The fourth chapter is combing and reviews the theory of the evolution of human rights content . Early on, because of legal scholars and human rights by the internal affairs of other theories of the human rights is equivalent to the contents of fundamental rights in the Constitution . 90, with the theory of human rights research, scholars generally believe that the right has a different shape . Fundamental rights form only a part of the legal rights , rights, there is indeed due form and shape . Human rights are human rights as human beings , have the moral right to property . Based on the limited nature of human reason , legislators can not be all of the moral rights law manifested through legislative means , so the content of the human rights system should be open . However , human rights are an abstract noun , not a legal activity in the specific application to be direct , for this reason has led some scholars to its own energy into the right area of ??research entities in the past. Some scholars of constitutional rights and access in core international human rights conventions to compare the proposed constitutional amendment through the inclusion of new rights of way content ; another part of the social reality and morality based scholars need to add a new proposal in order to protect the constitutional rights of vulnerable groups interests . The fifth chapter is combing and evaluate the evolution of the theory of human rights standards . Early scholars believe that in different countries based on the level of production of social and material conditions , and other factors, there can be no uniform standard of human rights , countries should develop according to their own standards of human rights and social conditions , human rights are a matter of domestic jurisdiction of States . Universalist from ethics, international human rights law and human science perspective of the universal standards of rationality . Consensus argued that unity comes from the international human rights standards arising from the process of interaction cross-cultural overlapping consensus . Consensus on standards for human rights perspective , some scholars were put forward \Human Rights , established different standards sixth chapter is combing and human rights values ??in the evaluation of the changes in human rights theory . In academia, human rights values ??because of the different methods are divided into two categories: instrumental and purpose doctrine . Instrumental instrumental value through the perspective of the object how to meet the needs of the body . Early Human rights are considered to build socialism , uphold the socialist regime and capitalism as a tool of struggle , but with the deepening human rights research and class ideology dilute the value of human rights is no longer a tool for maintaining an ideology in the institutional respect and uphold human dignity tool. Teleologism theory of value is the integration of the \Due to class theory , historicism , the challenge of cultural relativism , human rights, once thought to be unique to liberal values, human rights concept in China and East Asia will lead to the spread of the Asian communitarian societies torn. Generally argued that universal values ??exist in reality , any society must respect the human dignity and rights , from the perspective of the existing practice of human rights as a universal good 've got a variety of different cultural backgrounds servant recognition. Uniform standards of human rights , humanitarian intervention and relief are universal values ??in the world reflects the reality in the field . Chapter I Preliminary analysis from a macro perspective the development of human rights theory and social motivation is divided into four areas: emancipation , market economy, diverse socio-cultural and international exchange . Emancipation for the development of human rights theory of primitive power. The establishment of a market economy fostered public independent personality , while multinational corporations and private enterprises in the financial and material support for the theory of human rights is also innovative . Multicultural society spiritually enriching human rights theory research ideas , different cultures collide with each other under the concept of human rights theory , critique each other , mutual absorption , development of the theory of human rights provides a spiritual force support . International exchanges also play an important role . Human rights theory could learn from international practice of international human rights movements, from international academic exchanges observed academic frontier theory, which all contribute to the formation of an international perspective scholars .

Since reform and opening of China's human rights theory of evolution

Abstract

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