摘要
尽管"人权保护"是为我国宪法所确定的一项基本国策,但从伦理学的视角来看,一条高度概括性的"保护人权"的原则,似乎显得过于笼统抽象,难以为人们在遇到不同权利载体、不同利益诉求之间发生冲突时,提供具体的行为指导。因此精准地确定人权概念的内涵,清晰地勾画人权准则适用的边界,自然就成为伦理学界深化人权理论研究所不得不面临的一个重要课题。本文基于契约主义的立场,阐述了道德共同体的准入条件;通过对人权关系做出的明确界定,对道德共同体或人权共同体做出的精准把握,为理性成人的人权保护奠定了更为坚实的理论依托,为婴幼儿权益的保障提供了更为雄辩的逻辑论证,为动物保护找到了更为恰当的论据支撑。
The principle of human rights and fundamental human values has gradually become a key concept in contemporary Chinese ethics. Research themes have centered on the fundamental ethical value of human rights, implications of the concept of human rights, arguments for human rights, the historical evolution of its various forms, the influence of the principle of human rights in shaping basic social claims, and the convergence of Confucian ideas and concepts of human rights. In addition, using branches of applied ethics as their platform, researchers have conducted in-depth discussions on conflicts of rights and duties arising from interpersonal relations and judgments and on assessment criteria and adjustment mechanisms for conflicts of interest between the natural and the human world. Such research on human rights constitutes a starting point for the development of Chinese ethics, marking a departure from traditional academic study that has almost always been concerned with ethical duties rather than ethical rights. As the research deepens, it becomes clearer that although China＇s constitution affirms the ＂protection of human rights＂ as a fundamental state policy, in China as in many other countries this protection is a highly abstract and generalized principle that is difficult to apply as concrete working guidance for action when confronted by the conflicting claims of bearers of different rights and interests. Therefore, to accurately define the connotations of human rights and its boundaries has naturally become an important task which must be faced if we are to deepen research on human rights theory.
