论《民法典》中的人权保护

On Human Rights Protection in the Civil Code

《民法典》作为权利法,以人为目的,与人权具有深层的内在关联。平等、意思自治等基本原则集中体现了人权的核心价值与精神。通过开列民事主体的权利清单,《民法典》具化了人权内容,且人权保护的规定契合了现代社会需求,也融入了中国元素。通过划定公私权利界限,规范民事主体行为,关切特定群体权利,《民法典》彰显了人权保护的实践原理。通过赋予民事主体在民事活动中满足物质和精神需求的各项权利,为其提供更好的生存保障、更多的选择机会和更公平的发展机会,《民法典》诠释了“人民幸福生活是最大人权”。

As a law of rights, the Civil Code, being human-oriented, has a deep inherent connection with human rights. Two layers of logical foundations have underlined the Civil Code’s commitment to human rights protection. On the one hand, the basic principles of civil law such as equality and autonomy of the will have embodied the core values and spirit of human rights;on the other hand, the complete and open civil rights system and corresponding relief measures and damage prevention methods established by the Civil Code are the implementation and realization of the human rights clauses in the Constitution.The Civil Code boasts clear content of human rights protection. It has constructed a complete system of civil rights centering around civil subjects including natural persons, legal persons and unincorporated organizations, which has broadened the types of civil rights and expanded the content of some specific civil rights, providing predictable rules and guidance for the realization of human rights. Meanwhile, the Civil Code has created rules for the protection of rights in response to the new problems brought about by the development of modern science and technology, especially the development of digital technology, as well as to the new needs of modern risk society governance. As to the definition of rights and obligations in the fields of rural land, personality rights, marriage and family, inheritance, etc., the Civil Code, based on China’s experience and practical needs, has integrated traditional Chinese culture and family values and thus shows distinct China elements.The practical principles of human rights protection in the Civil Code are mainly embodied in three aspects. First, the obligation of public power to protect private rights has been affirmed, and the norms and extent of its involvement in civil activities have been clearly defined, thus preventing the absence of public power. Second, the conduct of civil subjects has been guided and restrained. Various forms of legal liabilities will be imposed on those who violate human rights. Third, specific groups such as women, children, the elderly and the disabled are paid special attention to. A unified model of equal protection and special care has been adopted to give them legal protection.The Civil Code has profoundly interpreted the spiritual core of "the ultimate human right is that people can lead a happy life". By endowing civil subjects with the rights to meet material and spiritual needs in civil activities, it can provide legal protection for people’s happy life, and guarantee more choices and fair development opportunities for subjects of rights.Human rights serve as an inherent basis for the Civil Code to realize its legal functions and ideals of rule of law, and also an important clue to understand the value pursuit and content structure of the Civil Code. Clear human rights implications can be found in the Civil Code from its general provisions to specific provisions, from principles to rules, from individual rights to obligations of others. Undoubtedly, whether it is the Civil Code or the protection of human rights, it is indeed a practical art that needs to not only be built on the text and theory but also evolve from the text and theory to practice and reality.