“贸易与人权”认识误区的法哲学思考与实证分析

A Philosophical Meditation and Empirical Analysis of the Misunderstanding in "Trade and Human Rights"

在"贸易与人权"的问题上,人们常常认为"发展中国家的人权与发展尖锐对立,其人权状况恶化;发达国家通过双边或多边协议推进发展中国家人权和其他社会问题的解决是正义之举"。从法哲学的视角,分析"贸易与人权"认识误区的形成因素和本质尤为必要,而且以中国和美国为例进行实证分析更有利于解读真相和厘清"贸易与人权"的关系,改变发展中国家被"误读"的局面。

In the issue of ＂trade and human fights＂ issue, people often consider ＂that the human fights of the developing countries are in total opposition to their development, with the human fights situation deteriorating; and that it is just for developed countries＇ to promote the solution of ＂ human rights ＂and other social problems through bilateral or multilateral agreements in developing countries. ＂ It is of peculiar necessity to analyse the formative factors and nature of the cognitive misunderstanding of ＂trade and human fights＂ in the perspective of philosophy of law. What＇s more, with China and the United States as examples for empirical analyses it is more conducive to obtain truthful interpretations with clarification of the relations between ＂trade and human rights＂, in order to avoid ＂misreadings＂ of the situation in developing countries.