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Protection of human rights in the constitutional context of

Author: YangZhaoDong
Tutor: TianYao
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Constitution Constitutionalism Basic human rights The fundamental rights of citizens People are the masters
CLC: D921
Type: Master's thesis
Year: 2008
Downloads: 199
Quote: 1
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Abstract

The development of the world's main theme is how to promote comprehensive human development, its focus lies in the legal, the first is the constitutional rights of citizens to be protected. Investigated human rights from a legal perspective, by analyzing the course of development of the world human rights cause, the pros and cons of constitutional human rights, gain learn to better achieve our people \Human Rights is the term in the United Kingdom and the United States, France, Germany, Japan, Italy, the old capitalist countries, to rise and get better, by its essence to the analysis of its dregs, and national human rights constitutional status to be compared , whichever is the strengths of my post-developed countries to achieve faster and better route to development. To this end, the first should have a clearer understanding of the modern political phenomenon of the constitutional. Due to differences in the western culture and the national development process, scholars are matter of opinion have their own opinion, reached a different conclusion from different angles. Overall, Western scholars believe that the constitutional to limit the authority of government to protect citizens' rights; Chinese Scholars who followed Mao's so-called constitutional democracy is the political point of view to expand the discussion of the constitutional, but the outcome of the discussion is still the constitutional order protection of human rights as its ultimate aim. Visible, and Western scholars to discuss the results in common, the ultimate aim of the constitutional protection of human rights. Second, since the protection of human rights for the purpose of constitutionalism, you must expand the discussion of the basic human rights content. Because our basic human rights is still in the clear or little knowledge of the state, then the protection of the lost object has become an empty phrase. Natural rights theory of the early all-embracing strong, the lack of maneuverability makes it rough. With the establishment and development of the bourgeois state, the content of their human rights in the law increasingly to the rich and the operability is also increasing. Compare the contents of the national basic human rights is not a simple list of accumulation, but from the countries the focus of their causes. We will find to be examined for these most fundamental human right to equality, liberty, political rights, social rights, basic human rights is indispensable, but also the country's constitutional very concerned about. However, these rights into the Constitution is not easy, it is the broad masses of the people have gone through hardships to fight to. Third, regardless of the contents of the basic human rights is so much rich, eventually need to get some sort of protection to the masses actually enjoy. So, how to protect the fundamental rights of citizens be achieved will be the key of the constitutional government. Although the measures taken by countries in the protection of human rights is not the same, can still be divided into three aspects of the legislative, executive, judicial, depending on the division of state organs, of course, also available from the other point of view summarized. Fourth, China's human rights development people are the masters. Since the founding of New China, our Constitution is very concerned about the cause of human rights and basic civil rights of the content of growing rich. The leadership of the Communist Party of China's socialist cause of human rights, drawing on the advantages and strengths of the world human rights constitutional propose legislation for the public, the idea of ??governing for the people, strongly support the broad masses of the people the masters. Everything for the people to adhere to people-oriented. China's human rights must be conducted under the leadership of the Communist Party of China.

Protection of human rights in the constitutional context of

Abstract

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