论人权的三个化身

On The Three Incarnations of Human rights

宪法权利体系、普通法律权利体系和国际人权体系是人权的三个化身,它们具有不同的含义,相互之间可以转化。但因未能洞悉人权的真谛,在法学理论和法律实践上形成人为的割裂。正确理解人权的三个化身理论,既能使人权的不同化身各得其位,又能协力促进和保障人权,最大限度地实现每一个人的人权。

The system of constitutional rights, the system of common legal rights and the system of international human rights constitute the three incarnations of human rights. The three incarnations have different implication and may transform among each other. However, they are dissevered factitiously in legal theories and legal practice be- cause the true essence of human rights cannot be understood. Correctly understanding the theory of the three incar- nations of the human rights not only helps different incarnation of human right to be put at their proper place, but also help to promote and safeguard human rights, so as to optimally realize everyone~ human rights.