宪法修改与人权发展

The Amendment of the Constitution and the Development of Human Rights

权利的本质是自由,宪法规定的权利称为基本权利,中国宪法关于权利的立宪模式是基本权利加人权兜底条款。人权进入宪法后使基本权利由封闭静态的体系变为动态开放的体系。历次宪法修改主要与经济人权条款有关。这次修宪使社会经济自由度得到极大扩张。但是,宪法关于人权的规范还要进一步发展,建议增加基本人权种类和完善人权保障制度。

The essence of rights is freedom. The rights set by the constitution are basic rights. The constitution of China illustrates not only several basic rights but also the articles of human rights. Once human rights are involved in the constitution, basic rights convert from a closed system to an open one. Most of the amendments of China's constitution in the past are concerning the economic elements of human rights, which has greatly enlarged the freedom of social economy. However, there should be further development about the norms of human rights; therefore, it is suggested in this article that more categories of basic human rights and a sound security system of human rights should be added.