试论我国人权的宪法保障

On Constitutional Assurance of China's Human Rights

人权是人类社会最高和最具有普遍性的权利,是人作为人所享有的权利,是人之为人所具有的权利。人权分为应有的人权、法定的人权和实有的人权。包括公民的政治权利、文化权利、经济权利、社会权利等。人权的内容是不断发展的。宪法是人权保障书,是人权据以实现的最高准则,既确认已有人权,又保障人权的实现和发展。

Human right is the most general rights and supreme right in our society, which is the right a man as a man can take and is the right entitled by birth,which divides into due human rights,legal and practical human rights, including citizen＇s political rights,cultural rights,economic rights and society rights. The contents of human rights keep developing, constitution is a book of assurance of human rights, and the highest norms which human rights must rely on, which not only affirm human rights, but also assure the development of human rights. This paper clarify content of China＇s constitutional assurance of human rights, and analyze the reason which can affect the development of human rights, then put forward some proposals of constitutional assurance of human rights.