论人权的限度——基于马克思主义法学视角的分析

On the Limits of Human Rights:An Analysis Based on the Marxist Legal Science

尊重和保障人权是现代社会基本价值取向之一。人权本质上是为社会统治阶级拥有同时为社会适度共享的生存保障。它根源于经济结构,以利益为基础。在其实现过程中,人权受到实现能力、社会均衡度、国家接受度、控制权力空间和目标国适格等因素的直接影响。由此产生的人权适对性,要求建设人权时应该结合该国具体条件,在综合限度内争取最佳实现路径。在中国,人权限度正不断被突破,人权保障水平日益提高,这一点值得密切注意。

Respecting and protecting human rights is one of the basic values of modern so- ciety. In essence, human rights are the survival guarantee for the ruling class of the society which is at the same time moderately shared by the society. Human rights stem from the eco- nomic structure and are based on interests. In the course of its realization, it has been directly affected by such basic factors as the ability to realize, the degree of social equilibrium, the de- gree of state acceptance, the space for controlling power and the eligibility of target coun- tries. The resulting human rights adaptability requires the construction of human rights to be combined with the specific conditions of the constructing country to strive for the best path for realization within the comprehensive limits. In China, the limits of human rights are being con- tinuously broken through and the level of protection for is rising day by day. This aspect should be closely followed.