论“加强人权法治保障”

On"Strengthening Human Rights Protection under the Rule of Law"

加强人权法治保障是马克思主义中国化在人权法治领域最新理论与实践成果,具有划时代意义、世界性意义与全球化意义。法治是人权保障的重要环节,人权保障则是法治的根本目的。加强人权法治保障表明当代中国法治的人权保障价值与人权的法治保障方式呈现高度融合的态势。只有将尊重和保障人权的理念贯彻落实到全面依法治国的实践之中,才能将当代中国的人权事业与法治事业不断推向前进。

Since the 18th CPC National Congress, a high degree of integration has been shown between the value and the approach of human rights protection under rule of law. In view of this, Xi Jinping clearly pointed out in the report of the 19th CPC National Congress that "We should strengthen the guarantee of human rights under rule of law to ensure that people enjoy a wide range of rights and freedoms in accordance with the law." As an important element of Xi Jinping’s discourse on respecting and safeguarding human rights and the core essence of Xi Jinping Thought on Rule of Law, this statement is a significant and original theoretical perspective of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era. Strengthening human rights protection under the rule of law is the latest theoretical and practical achievement of Marxism with Chinese characteristics in the field of human rights under the rule of law, which is of epoch-making, worldwide and global significance. Strengthening human rights protection under rule of law is an inherent requirement of the development of democratic politics in contemporary China since the reform and opening up policy, an inevitable requirement of socialist market economy development, and a historical product of the development of human rights and the rule of law in contemporary China. It has gone through three historical stages: first from the 3rd Plenary Session of the 11th CPC Central Committee to the publication of the White Paper on Human Rights in China in 1991, second from the publication of the White Paper on Human Rights in China to the convening of the 18th CPC National Congress, and third since the 18th CPC National Congress to now. In the state governance, the theoretical logic of strengthening human rights protection under rule of law lies in the fact, that rule of law is an important part of human rights protection, and human rights protection is the fundamental purpose of rule of law. From the perspective of global human rights governance, it is the common responsibility of all countries in the world to strengthen the guarantee of human rights under rule of law, and in the case of a state, the guarantee of human rights is a complex social system project, in which independent national sovereignty, sound market economy, civilized democratic politics, diversified human rights education and effective rule of law construction all play an important role. The rule of law development up till now has made the value orientation of human rights protection much clearer. Strengthening human rights protection under rule of law in contemporary China is proposed both as an empirical summary of the historical development of rule of law and human rights, and an inherent requirement of the development in the relationship between rule of law and human rights. In terms of the situations in primitive and feudal societies without rule of law, human rights can be better protected and remedied at the level of legislation, law enforcement and justice, when they are violated in a state under rule of law. A state will flourish when human rights are protected under rule of law, and accomplish the goals in its governance. Strengthening human rights protection under rule of law is a consequence of practice, originating from practice and guiding practice. Only through integrating the concept of respecting and safeguarding human rights into the goal of the comprehensive lawbased governance, into the work plan of the comprehensive law-based governance, into all aspects of the comprehensive law-based governance, and into the implementation of rule of law education, can human rights protection and the development of rule of law in contemporary China continue to move forward.