复数的权利:与西方对话的中国人权文明新形态

The Rights of Groups:China's New Model for Human Rights Advancement in Dialogue with the West

人权是世界的,因为享有人权是人类社会的共同追求;人权也是地方的,因为人权的实现不可能脱离本国本地的现实条件。联合国“人权宪章”提供了一份大体得到认同的权利清单,同时也把对人权的理解和实现开放给所有国家和地区。中国持续推动人权事业发展,走出了一条符合实际、顺应时代的人权发展道路,丰富和发展了人权文明的形态,与世界展开深度人权对话。西方人权理念建立在自然法、自然权利基础上,并发展为个体主义的、与权力保持张力的形态,却不断在理论上受到质疑,实践中遇到问题。中国从自身文化传统和具体国情出发,形成了“以人民为中心”的人权观。中国人权主体的人民性、内容的多重性,以及实现的渐进性,形成了鲜明的以“复数的权利”为特征的人权文明新形态。“复数的权利”与中国实际相适应,为发展中国家树立了榜样,日益成为全球人权治理的重要支柱。

Human rights are universal because the enjoyment of human rights is the common pursuit of human society;human rights are also local because the realization of human rights cannot be separated from the specific realities and conditions of the country.The International Bill of Human Rights,while providing a list of rights that are generally recognized,opens up the possibilities of the understanding and realization of human rights to all countries and regions.In the classical era,the term human rights was first referred to as"natural rights"and was embodied as a kind of"natural justification".Judged by today's standards of rights,it is more like a"large package"of mixed rights and obligations with an emphasis on obligations.This"large package",which contains the requirements of goodness,reason,divine justice and desire,was freed from the"natural"state through the bourgeois revolution in the second half of the 18th century and turned into the principles of political reality.Since modern times,it has been transformed into an ideological weapon characterized by individualism,universalism and radicalism.After World War II,with the adoption of a series of declarations and conventions and the operation of human rights mechanisms,human rights have gradually become the moral foundation and creed of action for rebuilding a new international order.Although human rights are not an original idea in Chinese culture,China has its own understanding of human rights as well.China's political,cultural and historical experience has largely influenced its perception of human rights,that is,the pursuit of human rights should start from"concrete human"rather than"abstract human"with"groups"rather than"individuals"as the subject.The history of Chinese politics and thought has a tradition of emphasizing the"groups",which is especially"peopleoriented".At the beginning of the 20th century,the concept of civil rights was successfully integrated with the"imported"concept of human rights at the time of the"transition"from a traditional society to a modern one,thus forming a part of the contemporary Chinese outlook on human rights.Moreover,the Chinese representative brought the traditional concept of"conscience"into the drafting of the Universal Declaration of Human Rights,injecting the Oriental wisdom into the cause of human rights in the world.The Communist Party of China,the largest political party in the world,has led the most populous country to firmly advance the cause of human rights and develop its productive forces so as to ensure the people's well-being and truly address the issue concerning the right to subsistence.With a commitment to putting people above all else and ensuring that they enjoy extensive and full civil and political rights,economic,social and cultural rights as well as new types of rights in accordance with law,it has combined the universal principles of human rights with national conditions and taken a path of human rights development that conforms to China's realities and the trend of times.The people-oriented nature of China's human rights,the multiplicity of their content and the gradualness of their realization have created a new model for human rights advancement characterized by"the rights of groups".All the Chinese people,through"the rights of groups",have implemented"the people running the country"concretely and realistically in the life of the state and society,which is increasingly becoming an important pillar of global human rights governance.This has opened the eyes of all developing countries to the possibility of finding a way forward for the development of a new model for human rights advancement in the world.