Research on the Constitutional,Historical and Practical Logic of the Chinese Path of Human Rights Development——From the Perspective of the Inclusion of Human Rights Clause in the Constitution

The inclusion of the human rights clause in the Chi-nese Constitution is a concern and expression of the spirit of the Con-stitution,which has laid the institutional regulations of the fundamen-tal law for the development of human rights in China,provided the principles and value norms of the highest level of effectiveness for the legal protection of human rights,and built a profound constitutional basis for the formation and improvement of the Chinese path of human rights development.The human rights clause is not only a summariza-tion and affirmation of the historical practice of Chinese human rights development under the leadership of the Communist Party of China,but also a new starting point for the development of human rights in China under the leadership of the Communist Party of China.It marks that the development of human rights in China has entered a new era.The Party and the state have finally embarked on a path of human rights development with Chinese characteristics by formulating and implementing the Human Rights Action Plan of China,eliminating ab-solute poverty through the national poverty alleviation campaign,and promoting human rights protection through the rule of law.

The Development Path for Human Rights with Chinese Characteristics

Like most countries in the world, China supports the ideal of human rights de- picted and advocated in the Universal Declaration of Human Rights and other international docu- ments and agrees with the idea that human rights should be universal. However, China also holds that to better realize the common goals of human rights requires that each coun- try explore and find the best and most efficient way in accordance with its own conditions. One of the reasons for the fast development of human rights in China since its reform and opening-up is that China has chosen a development path for human rights according to its own conditions. The path fits the conditions of China and therefore efficiently promotes the realization of universal human rights.

The Path of Human Rights Development with Chinese Characteristics and the Party's Leadership Development

Driving the development of human rights in China and participating in global human rights governance are the inherent requirements for the development of human rights with Chinese characteristics.To explore a path for the development human rights with Chinese characteristics,the fundamental requirement is to push forward the development of the Party’s leadership in multiple dimensions while adhering to the Party’s leadership.Among them,the Party’s political leadership is the fundamental guarantee for the path of human rights development with Chinese characteristics to move in the right direction.The Party’s ideological leadership provides advanced guidance for the path of human rights development with Chinese characteristics.The Party’s strategic decision-making capability determines the effectiveness of the path of human rights development with Chinese characteristics.The Party’s capability of mobilizing and leading the whole of society and integrating political and social resources is a necessity for a sustainable power supply for the path of human rights development with Chinese characteristics.Establishing a path of human rights development with Chinese characteristics and further promoting respect for and protection of human rights are important actions to advance the Party’s leadership development in the New Era.