世界人权的困境与人类命运共同体建构

The Dilemma of Global Human Rights and the Construction of A Community of Shared Future for Mankind

世界人权宣言》发表70年来,世界人权的发展取得了重大成就,同时也面临巨大的挑战和困难。中国提出的人类命运共同体方案有助于推进人权的全球治理,也需要对世界人权所面临的道德和政治困境作出回应。人类命运共同体理念之人权观着眼于世界人权的道德理想,也立足于现实可行性,强调人权的普遍性、开放性、包容性及可行性。在道德建构方面,应确立生存权和发展权优先的基本人权清单,设定基于公正、政治合法性和能力的义务承担原则;在政治建构方面,应强调民族国家的意义,建构基于国内合法性与国际合法性的负责任国家。

The development of global human rights has made significant achievements since the publication of the Universal Declaration of Human Rights over 70 years ago. M eanw hile,daunting challenges and dilemma also aw ait. The solution of constructing a community of shared future for mankind proposed by China is conducive to promoting the global governance of human rights,but the moral and political dilemma facing global human rights needs to be addressed. The human rights view entailed in a community of shared future for mankind is based on the moral ideal of global human rights as w ell as the feasibility in reality. It places emphasis on the universality,openness,inclusiveness and feasibility of human rights. In terms of morality construction,a list of basic human rights should be made to prioritize the right to life and development,and a principle of obligation undertaking should be established based on impartiality,political legitimacy and ability. As for political construction,the significance of a nation state should be emphasized,and responsible state should be constructed based on domestic and international legitimacy.