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China's Legal System Of Human Rights Protection Initially Formed

2011/9/10 8:59:00 35

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Legal System Of Human Rights Protection Initially Formed

Nearly 160 legal protection systems for human rights in China

"Looking back on history, we are exploring the road of socialism with Chinese characteristics, respecting the universality of human rights and starting from the basic national conditions, opening up a road of human rights development with Chinese characteristics." Luo Haocai, vice chairman of the Tenth CPPCC National Committee and chairman of the China Human Rights Research Association, recently wrote about the development and innovation of human rights theory and practice in China.

This afternoon, the China Human Rights Research Association and the Social Sciences Literature Publishing House jointly held a press conference for the report on the development of China's human rights cause (2011). It is understood that the report on the development of human rights in China (2011) has carried out the work of human rights in China. elaboration 。

New China has experienced two major human rights emancipation

At today's press conference, Li Junru, editor in chief of the report on the development of China's human rights cause (2011), reiterated the view that he and two other authors, Chang Jian and Wang Linxia, put forward in the book's general report, "the historical achievements and progress of human rights in China": "under the leadership of the Communist Party of China, China has undergone two major human rights liberties."

Li Junru and other 3 authors said in the general report that the first time the Chinese Communist Party led the people to overthrow. Imperialism The reactionary rule of feudalism and bureaucrat capitalism established the new China that the people were masters of the country. The second time was that the Chinese Communist Party led the people to completely negate the "Cultural Revolution", to promote reform and opening up, to improve democracy and the rule of law, so that the masses of the people had never had human rights in history.

The Legal Daily reporters read the text of the general report on the achievements and progress of human rights in China, and saw the specific historical moment 57 years ago:

In September 1954, the first session of the first National People's Congress was held in Beijing. The first draft of the draft constitution has been widely discussed in 81 days after more than 8000 days of discussion among the CPPCC, the major administrative regions, the provincial and municipal leading bodies, the democratic parties and the people's organizations. The imprint of the constitution has left such statistics in history: the people who participated in the discussion put forward more than 5900 amendments. After the study and revision, they were released to the whole country and delivered to the whole nation for extensive discussion. Over the next two months, a total of 150 million people participated in the discussion, and more than 1 million 160 thousand amendments and supplementary comments and questions were put forward. These views and questions were submitted to the National People's Congress for consideration after being revised.

"Making the national constitution on the basis of such extensive discussion on the whole is not only the first time in Chinese history, but also rare in the history of the world." Li Junru sent this feeling.

Constitutional protection of civil rights plays a major role

"The legislative work related to human rights in China has gone through a very tortuous process." In the "human rights legislation analysis report" written by Ban Wen war, a professor of China University of Political Science and Law, in the book "report on human rights development of China (2011)", he said: "after more than 60 years of unremitting efforts, a series of legal systems for safeguarding human rights, with the constitution as the core and laws and administrative regulations as the main body, have been established."

Ban Wen war believes that there are many laws and administrative regulations that specifically stipulate civil rights in China, and the Constitution and other laws and administrative regulations also contain a large number of provisions related to human rights.

According to his view, the "human rights legislation" referred to in the report on the development of China's human rights cause (2011) is Formal meaning The above refers to the relevant laws and regulations related to human rights, as well as the relevant provisions in the constitution, laws and regulations. In the sense of behavior, they refer to the enactment, modification or abolishment of these laws, regulations or related provisions.

The following information is collected from ban Wen War: more than 8800 effective local laws and regulations, more than 700 autonomous regulations and separate regulations, as well as tens of thousands of departmental rules and local government regulations, have a wide and important impact on the respect and protection of human rights. However, the basic points of his research take the Chinese constitution, laws and administrative regulations as objects since 1949, and systematically review the development process of human rights legislation since the founding of new China (especially since the reform and opening up).

After sorting out the relevant historical documents, the ban Wen war found that in 1954, the constitution recognized the state's political system, economic system, ethnic policy and national institutions, and used special chapters to stipulate citizens' basic rights and obligations.

According to ban Wen war, on the basis of comprehensively clearing up the mistakes of the "Cultural Revolution" and thoroughly summarizing the historical experience since the founding of new China, the 1982 constitution clarified the fundamental tasks of the state to concentrate its efforts on socialist modernization and the four basic principles that should be followed, stipulating the basic rights and obligations of citizens, as well as the principles of the composition, production, powers and activities of state organs.

With the deepening of reform and opening up, the most important historical moment has emerged: in March 14, 2004, the second session of the Tenth National People's Congress adopted the constitutional amendment, introducing the concept of "human rights" into the Constitution for the first time, and clearly stated in the constitution that "the state respects and safeguards human rights".

Li Junru and other 3 authors have made such an appraisal in the general report on the historical achievements and progress of human rights in China: "human rights" has been incorporated into the constitution, so that "human rights" has been promoted from a political concept to a legal concept, so that the subject of respect and protection of human rights has been promoted from "the State Party" and "the state" to the "state" so that respect and protection of human rights will rise from the will of the party and the government to the will of the people and the state. The political idea and value of the ruling party and the government will rise to the political idea and value of the national construction and development, and the principle of the party and government documents should be promoted to a principle of the fundamental law of the state. This reflects the consistency of the party's proposition, the will of the state and the people's wishes, and embodies the essential requirement of the socialist system.

Protection of human rights under the rule of law is particularly important and irreplaceable

In the study of historical documents, some experts and scholars have noticed that there has been a legislative climax in the early days of new China, and some laws directly related to human rights protection have been formulated and published.

Ban Wen war introduced in his analysis report on human rights legislation: during this period, the Central People's government committee formulated the marriage law on equality between men and women, freedom of marriage and women's rights, the trade union law on trade union rights, the land reform law on land ownership and other property rights and the electoral law on the right to vote. The Standing Committee of the National People's Congress formulated local people's congresses and local people's congresses at various levels, including the local organs of state power and administrative organs, the state judicial organs and procuratorial organs to protect citizens' rights and responsibilities.

At the same time, the Standing Committee of the Central People's government and the Standing Committee of the National People's Congress approved or approved dozens of legal documents directly related to the right to personal liberty, the right to fair trial, the right of association, freedom of expression, freedom of movement, right to work, peace of national autonomy and so on.

Since the reform and opening up, most of the laws formulated in China have different degrees of contact with human rights, especially in the areas of constitutional law, administrative law, social law, criminal law, procedural law and civil law. In the current effective laws, dozens of laws clearly declare the legislative purpose, task or principle of safeguarding, protecting or maintaining the rights and interests of citizens, people (people) or certain kind of rights. These laws include not only the laws in the field of administrative law and social law, which specifically protect the legitimate rights and interests of the minors, the elderly, women and disabled persons, but also the relevant laws, administrative law, civil law and economic law, which specifically stipulate or involve citizens' rights in life, personal safety, assembly, procession, demonstration, health, property and education. They also include basic laws in different fields, such as general principles of civil law, property law, social insurance law, tort liability law, public security management punishment law, administrative punishment law, administrative reconsideration law, administrative licensing law, administrative litigation law, and amended criminal law, criminal procedure law and civil procedure law.

The authoritative statistical data disclosed in the report on the development of China's human rights cause (2011) shows that since 1978, nearly 160 laws and regulations have been enacted in China on the protection of human rights, of which nearly 60 laws and regulations cover the protection of economic, social and cultural rights; nearly 30 laws and regulations relate to the protection of citizens' rights and political rights; more than ten laws and regulations involve the protection of women, children, the elderly, and the rights of the disabled; nearly 50 laws and regulations involve judicial protection of human rights; more than ten laws and regulations cover the protection of environmental rights.

In addition, many laws and regulations have been amended many times during this period. For instance, the local people's congresses at various levels and the local people's governments at various levels have undergone 4 amendments. The National People's Congress and the local people's congresses have undergone 5 amendments, and the criminal law has undergone 8 amendments.

In the eyes of scholars and experts, the second amendment of laws has made the protection of human rights of Chinese citizens in the legal provisions more concrete, clear and strict.

Why do scholars and experts love the regulation and control of social order by law?

The reporter of the Legal Daily learned that there is a high degree of consensus among them: there are many ways and means to protect human rights, which need political, economic, social and educational, administrative, and rule of law. The guarantee of rule of law is particularly important and irreplaceable because of its stereotyping, standardization and compulsion.

Li Junru and other 3 authors wrote in the general report on the historical achievements and progress of human rights in China: "once human rights are changed into legal rights through national legislative procedures, they will not only impose universal binding force on all citizens of a country, but also make the contents of human rights standardized, clear and specific, easy to implement, easy to operate, and more strictly supervised."

China's human rights development has entered the best period of history.

"Since the reform and opening up, the construction of human rights legal system has shown a gradual deepening process from showing position to system building, and then to practice development." Luo Haocai, vice chairman of the Tenth CPPCC National Committee and President of the China Human Rights Research Association, said: "today, according to the constitution, our country has formulated a number of laws protecting the basic rights of citizens and signed a number of international conventions on the protection of civil rights."

Luo Haocai pointed out that with the formation of the socialist legal system with Chinese characteristics, China has initially formed a system of human rights law, which is composed of 236 laws, 690 administrative regulations and more than 8600 local laws. It basically solves the problem that human rights protection can not be followed.

In July 14, 2011, the Information Office of the State Council published the national human rights action plan (2009 to 2010) evaluation report, and made a comprehensive assessment of the implementation of the "action plan" from 2009 to 2010.

The report points out that by the end of 2010, all the measures stipulated in the plan have been effectively implemented, and the scheduled targets have been fulfilled on schedule, and all the targets have been completed. About 35% of the binding targets and more than 50% of the people's livelihood indicators were advanced or overfulfilled. It is worth noting that the completion of the above-mentioned objectives and tasks will mark a new stage in the development of human rights in China.

Luo Haocai wrote: "under the leadership of the Communist Party of China, China's human rights cause has made historic progress and attracted worldwide attention. Since reform and opening up, the development of human rights in China has entered the best period of people-oriented, comprehensive, coordinated and sustainable development, and will continue to maintain a good momentum of development.