Abstract:The concept of“basic rights and interests”in the re-cordation review system serves as a key to understanding the mixed use of review standards by the review authorities.The essence of the“basic rights and ...Abstract:The concept of“basic rights and interests”in the re-cordation review system serves as a key to understanding the mixed use of review standards by the review authorities.The essence of the“basic rights and interests”concept is the value foundation estab-lished by the community for individuals,playing a legitimizing role in the actual operation of the state power system.Through the method of“triple abstraction,”the substantive construction of“basic rights and interests”can be achieved.Ensuring the“basic rights and interests”of citizens can effectively fulfill the functional purpose of the recorda-tion review system.The diverse human rights norms in China’s legal system are the formal carriers of basic rights and interests,which can be categorized into four types:human rights norms in policies,human rights norms in the Constitution,human rights norms in departmental laws,and human rights norms in social and cultural consensus.By examining the interactive connections of these diverse human rights norms,citizens’“basic rights and interests”can be organized into such five categories as survival care,democratic participation,cul-tural education,well-being development,and ecological harmony.The protection of“basic rights and interests”depends on the review authorities’application of the“basic rights and interests”concept to conduct mixed reviews of relevant normative documents.The applica-tion method should be based on the principles of integration,effective-ness,entirety,and harmony.展开更多
基金the 12th(2022)Cai Dingjian Outstanding Paper Award,it is a phased result of the 2020 National Social Science Fund Key Project“Research on the Con-stitutional Integration of the Central-local Government Affairs Relationship in China”(Approval Number 20AFX011)the Special Project“Research on the Constitutional Integration of the Integrated Construc-tion of a Law-based Country,a Law-based Government,and a Law-based Society”of the Zhejiang Provincial Philosophy and Social Sciences Plan“Research and Interpretation of the Spirit of the Fifth Plenary Session of the 19th CPC Central Committee”(Project Number 21WZQH06Z).
文摘Abstract:The concept of“basic rights and interests”in the re-cordation review system serves as a key to understanding the mixed use of review standards by the review authorities.The essence of the“basic rights and interests”concept is the value foundation estab-lished by the community for individuals,playing a legitimizing role in the actual operation of the state power system.Through the method of“triple abstraction,”the substantive construction of“basic rights and interests”can be achieved.Ensuring the“basic rights and interests”of citizens can effectively fulfill the functional purpose of the recorda-tion review system.The diverse human rights norms in China’s legal system are the formal carriers of basic rights and interests,which can be categorized into four types:human rights norms in policies,human rights norms in the Constitution,human rights norms in departmental laws,and human rights norms in social and cultural consensus.By examining the interactive connections of these diverse human rights norms,citizens’“basic rights and interests”can be organized into such five categories as survival care,democratic participation,cul-tural education,well-being development,and ecological harmony.The protection of“basic rights and interests”depends on the review authorities’application of the“basic rights and interests”concept to conduct mixed reviews of relevant normative documents.The applica-tion method should be based on the principles of integration,effective-ness,entirety,and harmony.
