論人權與人權保障 = Talk about Human Rights and Human Rights Guarantee

다국어 초록 (Multilingual Abstract)

The so-called human rights, refer to the fundamental right which everybody enjoys or should be enjoyed according to its essence and dignity under certain social historical condition. The essential characteristic and requirement of human rights are free and equal. The essence content and goal of human rights are the people`s existence and development. There is no freedom, guarantee equally, the mankind can`t store and develop next life as people, far from according with people`s dignity, existence and development of natural instinct, is just far from being human rights. The thought of human rights should say it is old, but human rights concept and theory apperar in modem Europe, appear in the 17th century the enlighten thinker`s work. Fromethe 17th century to the present, the development of the western human rights theory has gone through 3,4 century-old history. This phase of history can be divided into three stagens, the first stage was form the 17th century to first half of the 19th century, the second stage was from second half of the 19th century to first half of the 20th century, the third stage was the second half of the 20th century. In traditional culture for several thousand years of China, there are very abundant human rights ideas, there is vigorous vitality so far, approve extensively for the domestic and intemational human rights circle. But, as the proposition of “human rights” concept, not the invention of China, are Europe Middle Ages the thinker`s patent and contribution. “ human rights” concept is introduced to China, it is on the later stage in the 19th century, it takes late 200 many years than Europe, the human rights of China ensures the setting-up of the system it is later. Development and change in a short time of China`s human rights of today, relatively crossed over several thousand years with one`s own history, have relatively cross over several centuries with the westem countries, has made the note purpose achievement and progress of the world, must exist more insufficient at the same time, need improving and improving constantly in practice. In our times, the protection domain of human rights has been already from the traditional field Personality right, freedom right, rights to subsistence,proprietary, religious freedomright, equal right, educational right, etc develop into each field of human rights, international collective human rights, etc. such as rights as rights to development, right of national self-determination, peaceful right, environmental right, natural resources right, humanitarian aid`s right. Human rights protect, become human civilization progress prominent scale most one of already. If this to meet the needs of historical development, domestic protection especially orld of human rights protect, it gets to be so fast development while being impossible, make so brilliant and achievement. Today, when we talk about “human rights”, it has already far gone beyond the traditional human rights idea of the capitalist class. Though we still hear various echoes of old era frequently, however, the human rights concept is after going through the historical development and development of several centuries, have very abundant and even brand-new intension, and has already been linked to these two total questions of peace and development day by day. This is the mainstream that we take the place of the human rights concept now.