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Xiamen University held an academic lecture on "20 years of the incorporation of human rights into the Constitution: achievements and challenges"

2024-04-18 17:13:54 Source: Xiamen University Law School Official Account
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On April 12, the academic lecture of "Human Rights Concept in the Constitution for 20 Years: Achievements and Challenges" was held in Xiamen University, and Han Dayuan, an authoritative expert in the field of constitutional law in China and a professor from the Law School of Renmin University of China, was invited to give a lecture.

On March 14, 2004, the Second Session of the Tenth National People's Congress adopted the Amendment to the Constitution of the People's Republic of China, which formally incorporated "the state respects and safeguards human rights" into the Constitution. Thus, "respecting and safeguarding human rights" has become the basic principle of the entire socialist legal system with Chinese characteristics, and has become the basic principle of all state organs, armed forces, political parties, social groups The code of conduct and legal obligations that enterprises and institutions must comply with, and all laws, regulations, rules and normative documents must not contradict them, and any behavior that contradicts them must be investigated.

Professor Han Dayuan explained the theme of "the concept of human rights has been in the Constitution for 20 years" from four aspects. First, the historical background of the concept of human rights in the Constitution reflects the social consensus of human rights protection since modern times. Respect and protection of human rights is the unremitting pursuit of the Communist Party of China; The second is the practical effect of the incorporation of the concept of human rights into the Constitution, including the cohesion of constitutional consensus on human rights protection, ensuring the proper exercise of state power and actively participating in global human rights governance; The third is the academic significance of the concept of human rights in the Constitution, such as the relationship between human rights and basic rights, the application method of human rights clauses, the relationship between human rights clauses and basic rights not listed, and how to refine China's human rights theory and paradigm in terms of human rights discourse; Fourth, the challenges and prospects of incorporating the concept of human rights into the Constitution, including human rights issues in the extreme imbalance of the international political order, human rights culture based on the constitutional text to be cultivated, the normative effect of human rights provisions to be consolidated and strengthened, deep participation in the challenges of global human rights governance, the realization of the complete reunification of the motherland and human rights development issues, scientific and technological development, human lifestyles and human rights values, The right to speak in the field of international human rights and the publicity of human rights.

Introduction:

Han Dayuan, Executive Director of the 5th Council of the Chinese Society for Human Rights Studies, Distinguished Professor of Changjiang Scholar of the Ministry of Education, and Director of the "One Country, Two Systems" Law Research Institute of Renmin University of China.

In 2012, he was awarded an honorary doctorate of law by the University of Lapland, Finland, and in 2017, he was awarded an honorary doctorate of law by the University of Bergen, Norway. Research fields include Chinese constitutional law, comparative constitutional law, foreign constitutions and basic laws.

(Editor: Shi Jian)

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