国家义务是公民权利的根本保障——国家与公民关系新视角

State Obligations is the Fundamental Guarantee of Civil Rights:a New Perspective from the Relations between the Nation and Its Citizens

国家义务对于公民权利具有重要价值与意义。从国家与公民关系的历史发展及其在现代民主法治国家的发展趋势来看,国家义务与公民权利的关系现已经成为主导国家与公民关系的主轴,国家义务与公民权利应成为现代公法体系的核心内容和现代公法学的基本范畴。而且,国家义务直接源自于公民权利并决定了国家权力。国家义务以公民权利为目的,是公民权利的根本保障。以国家义务保障公民权利,是对国家权力保障公民权利的超越。

State obligations are of great value and significance to civil rights. Judging from the historical development of the relationship between the nation and citizens as well as its developing trend in modern democratic country ruled by law, the relationship between state obligation and civil rights has already become the major pivot dominating the relationship be- tween the nation and its citizens, and it shall be the core content of modern public law system and basic category of modern public law. Furthermore, state obligations are derived from civil rights directly and it determines the state power. Aiming at the protection of civil rights, state obligations are the fundamental guarantee of them. And it is a great progress to use state obligations rather than state power to guarantee civil rights.