共 23 条
The Concept of Human Rights in the Constitution and Its Functional Significance
被引:0
作者:
严海良
[1
,2
]
CHEN Feng
机构:
[1] the School of Law,Nanjing Normal University
[2] the Institute for Chinese Legal Modernization Studies,Nanjing Normal University
基金:
中国国家社会科学基金;
关键词:
D O I:
10.16696/j.cnki.11-4778/d.2023.01.007
中图分类号:
D921 [国家法、宪法];
学科分类号:
030103 ;
摘要:
To practice the constitutional provision that “The state respects and protects human rights”, we should clarify its connotation. The understanding of human rights is a natural requirement and the key. In domestic academia, human rights are considered natural rights and interpreted as “moral rights that everyone should enjoy as a human being”, hoping to provide theoretical support for the development of the system centered on the basic rights of citizens in China.Although it reveals the universal moral connotation of human rights, it does not cover the normative connotation of human rights as common international standards. Therefore, it is impossible to fully clarify the functional significance of the provision. It is conducive to scientifically clarifying the relationship between human rights and basic civil rights,better improving the institutional protection of human rights in China,and promoting the building of a community with a shared future for mankind to interpret human rights as common international standards that everyone should enjoy for human dignity based on the development of the international legal order under the Charter of the United Nations since the end of the World War Ⅱ.
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页码:56 / 90
页数:35
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