The inclusion of the human rights clause in the Chi-nese Constitution is the core normative manifestation of the constitu-tionalization of human rights,and points to the relationship between international law and the ...The inclusion of the human rights clause in the Chi-nese Constitution is the core normative manifestation of the constitu-tionalization of human rights,and points to the relationship between international law and the Constitution in the sense of positive law.The inclusion of the human rights clauses in the Chinese Constitution itself is an inherent part of the development of China’s socialist constitution,and socialism has already contributed valuable concepts and practices of human rights protection to the modern world in its early stage.The constitutionalization of human rights protection does not necessarily lead to the superiority of international law over the constitutional order of a country,but rather to the convergence of international law and domestic law through the constitutional order.The relevant rules of international law will be effective only when they are transformed into domestic law through the Constitution and the human rights clause in the Constitution.Correspondingly,the domestic legal order is brought into line with the international legal order through the Con-stitution and its human rights clause.Behind the system of fundamen-tal rights in the constitutional order is the value foundation of the en-tire legal system.The advancement of foreign-related rule of law has brought new opportunities for China’s judicial practice to further pro-mote the protection of human rights.In the future,we should further integrate the human rights values embedded in socialism into China’s constitutional practice,enhance human rights protection around the country,and take a more active part in global human rights gover-nance.展开更多
Prescribed by the Constitution of the People's Republic of China, social rights provisions cannot be comprehended in isolation, nor can they be interpreted simply by referring to the concepts of positive rights or...Prescribed by the Constitution of the People's Republic of China, social rights provisions cannot be comprehended in isolation, nor can they be interpreted simply by referring to the concepts of positive rights or socio-economic rights in traditional constitutional theory. On the basis of the Constitution, social rights exhibit three interrelated dimensions from the perspective of systemic interpretation: promoting people's wellbeing, promoting democratic politics, and promoting citizens' participation in state-building. In the overall structure and normative intention of the Constitution of China, social rights are not only a kind of socioeconomic right, but also a fundamental right with a socialist nature. Specifically, social rights are individuals' right to claim their economic welfare from the state, as well as the basic civil right of realizing a comprehensive social identity. They have a social and economic nature, and to a certain degree a political nature. Correspondingly, the normative structure of social rights, and in particular their functions and orientation toward obligation, are constructed on the basis of this kind of nature. The functions of social rights are most frequently manifested as objective value order, and its specific duty to protect not only points to specific state institutions such as the constitutional review organs and judicial organs, but to the whole national governance system, thus forming a Chinese-style institutional guarantee model of social rights.展开更多
文摘The inclusion of the human rights clause in the Chi-nese Constitution is the core normative manifestation of the constitu-tionalization of human rights,and points to the relationship between international law and the Constitution in the sense of positive law.The inclusion of the human rights clauses in the Chinese Constitution itself is an inherent part of the development of China’s socialist constitution,and socialism has already contributed valuable concepts and practices of human rights protection to the modern world in its early stage.The constitutionalization of human rights protection does not necessarily lead to the superiority of international law over the constitutional order of a country,but rather to the convergence of international law and domestic law through the constitutional order.The relevant rules of international law will be effective only when they are transformed into domestic law through the Constitution and the human rights clause in the Constitution.Correspondingly,the domestic legal order is brought into line with the international legal order through the Con-stitution and its human rights clause.Behind the system of fundamen-tal rights in the constitutional order is the value foundation of the en-tire legal system.The advancement of foreign-related rule of law has brought new opportunities for China’s judicial practice to further pro-mote the protection of human rights.In the future,we should further integrate the human rights values embedded in socialism into China’s constitutional practice,enhance human rights protection around the country,and take a more active part in global human rights gover-nance.
文摘Prescribed by the Constitution of the People's Republic of China, social rights provisions cannot be comprehended in isolation, nor can they be interpreted simply by referring to the concepts of positive rights or socio-economic rights in traditional constitutional theory. On the basis of the Constitution, social rights exhibit three interrelated dimensions from the perspective of systemic interpretation: promoting people's wellbeing, promoting democratic politics, and promoting citizens' participation in state-building. In the overall structure and normative intention of the Constitution of China, social rights are not only a kind of socioeconomic right, but also a fundamental right with a socialist nature. Specifically, social rights are individuals' right to claim their economic welfare from the state, as well as the basic civil right of realizing a comprehensive social identity. They have a social and economic nature, and to a certain degree a political nature. Correspondingly, the normative structure of social rights, and in particular their functions and orientation toward obligation, are constructed on the basis of this kind of nature. The functions of social rights are most frequently manifested as objective value order, and its specific duty to protect not only points to specific state institutions such as the constitutional review organs and judicial organs, but to the whole national governance system, thus forming a Chinese-style institutional guarantee model of social rights.
