2005Unpublished venueRequires access

Value and Application of International Human Right Law in the construction of China's human rights oriented legal system

Ban Wen-zhan

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Abstract

International human rights law can play a very important role in the construction of China's human rights oriented legal system. However, this role has not been objectively, correctly, fully and consistently realized and recognized by both professionals and academics. The misunderstanding and even ignorance will not only prevent China from its further acceptance of international human rights law, but also present an obstacle to the perfection of China's human rights oriented legal system. In order to promote the construction of China's human rights oriented legal system and the improvement of China's human rights situation, China should, on the actual situation of international human rights law, in accordance with the relevant basic principles of international law, and under the guidance of the spirit and principle of China's Constitution on the respect and protection of human rights, reconsider its attitude towards the role of international human rights law in this field, and accordingly adopt all the necessary and appropriate steps and measures for these purposes.

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What this paper is about

International human rights law can play a very important role in the construction of China's human rights oriented legal system. However, this role has not been objectively, correctly, fully and consistently realized and recognized by both professionals and academics. The misunderstanding and even ignorance will not only prevent China from its further acceptance of international human rights law, but also present an obstacle to the perfection of China's human rights oriented legal system. In order to promote the construction of China's human rights oriented legal system and the improvement of China's human rights situation, China should, on the actual situation of international human rights law, in accordance with the relevant basic principles of international law, and under the guidance of the spirit and principle of China's Constitution on the respect and protection of human rights, reconsider its attitude towards the role of international human rights law in this field, and accordingly adopt all the necessary and appropriate steps and measures for these purposes.

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Available abstract

International human rights law can play a very important role in the construction of China's human rights oriented legal system. However, this role has not been objectively, correctly, fully and consistently realized and recognized by both professionals and academics. The misunderstanding and even ignorance will not only prevent China from its further acceptance of international human rights law, but also present an obstacle to the perfection of China's human rights oriented legal system. In order to promote the construction of China's human rights oriented legal system and the improvement of China's human rights situation, China should, on the actual situation of international human rights law, in accordance with the relevant basic principles of international law, and under the guidance of the spirit and principle of China's Constitution on the respect and protection of human rights, reconsider its attitude towards the role of international human rights law in this field, and accordingly adopt all the necessary and appropriate steps and measures for these purposes.

Key concepts: Human rights, Law, International human rights law, Fundamental rights, Principle of legality, Political science, Reservation of rights, International law

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Value and Application of International Human Right Law in the construction of China's human rights oriented legal system — Research Paper | ScholarLens