人权与主权之统一浅析

On the Unification of Human Rights and Sovereignty

人权与主权的关系问题国内学者已较多论及,主要是针对西方学术界“人权高于主权”、“人权无国界”等观点展开,这为两权关系在实践中的正确对待打下理论基础。尽管如此,国际社会中仍然出现的频繁的侵犯主权、践踏人权的现象说明二者统一思想并没有得到较好贯彻。本文以它们的统一为题,通过对东西方历史文化差异对人权观形成的影响作比较,重申要客观、辩证地理解二者的统一,着重从促进这一思想的实际贯彻及其可操作性来论述。

About the relationship of human right and sovereignty, domestic scholars have mentioned more, which aim mainly at the view of ＂human right is higher than sovereignty＂, or ＂ human right does not have the national boundary＂ and other opinions which are initiated by Western academic circles. The elaboration of the unification of the two rights builds the rational certainly for the correct treatment to the relation of human right and sovereignty in the practice. However, the unceasing phenomenon of encroaching upon the sovereignty, and trampling the human rights in the international society show that the implementation of the unification thought of human rights and sovereignty is not very good. This article takes the unification as a topic, and it compares the historian and cultural difference of East and West in current views of human rights. It also points out that the unification of two rights must be understood objectively and dialectically. It finally elaborates this topic mainly based on the implementation of the thought in the practice and its actual feasibility.