对我国宪法人权来源和人权主体的研究

A Study on Human Rights' Originate and Subject of the Constitution

无论是国内法还是国际法 ,全部的法律问题 ,实质上都是权利和义务的问题。权利和义务是法的核心 ,其中权利是本位的 ,义务是权利的派生 ,而在诸多权利当中最重要的就是人权。本文对我国宪法人权来源和人权主体与国际人权两公约的异同进行了分析 ,认为我国宪法在人权来源上表述不明确 ,而在人权的主体上与公约是一致的 ;二者价值观念上的差距 。

All the law subjects are on the relationship between rights and duties. Both rights and duties are the key elements of law. Rights are basic but duties are derived from rights. Human rights are the most important among rights. Based on the comparison between the two covenants and our Constitution on human rights. The article argues that the human rights' origin is not expressed clearly in the Constitution, but there is no complete conflicts on the subject. In order to reduce the difference on sense of human rights, we should develop our economy greatly and make legislation in advance.