2015•Xiandai faxueRequires access

The Historical Development of the Relationship between Rule of Law and Human Rights since the Reform and Opening up

Chen You-w

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Abstract

The historical development of the relationship between rule of law and human rights has experienced three historical stages:separation,combination and fusion since the reform and opening up.the rule of law and human rights had been in the state of separation for ten years in the practice of rule of law in early last century,effective association has not been established neither in theoretical research nor in the practice of rule of law and human rights.At the beginning of the 1990 s,in 1991,China's human rights situationwhite paper,the CCP 15 th congress report,the state respects and protects human rightsbeing incorporated into the constitution are the symbols for the rule of law and human rights developing from separation to combination.At this time,the rule of law and human rights in theory or practice level are inter-related.The rule of law and human rights tends to merge together from the CCP 18 th congress,especially the fourth plenary session of the CCP 18 th congress.Thus,the rule of law value and the value of protecting human rights are highly merged together.

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The historical development of the relationship between rule of law and human rights has experienced three historical stages:separation,combination and fusion since the reform and opening up.the rule of law and human rights had been in the state of separation for ten years in the practice of rule of law in early last century,effective association has not been established neither in theoretical research nor in the practice of rule of law and human rights.At the beginning of the 1990 s,in 1991,China's human rights situationwhite paper,the CCP 15 th congress report,the state respects and protects human rightsbeing incorporated into the constitution are the symbols for the rule of law and human rights developing from separation to combination.At this time,the rule of law and human rights in theory or practice level are inter-related.The rule of law and human rights tends to merge together from the CCP 18 th congress,especially the fourth plenary session of the CCP 18 th congress.Thus,the rule of law value and the value of protecting human rights are highly merged together.

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Available abstract

The historical development of the relationship between rule of law and human rights has experienced three historical stages:separation,combination and fusion since the reform and opening up.the rule of law and human rights had been in the state of separation for ten years in the practice of rule of law in early last century,effective association has not been established neither in theoretical research nor in the practice of rule of law and human rights.At the beginning of the 1990 s,in 1991,China's human rights situationwhite paper,the CCP 15 th congress report,the state respects and protects human rightsbeing incorporated into the constitution are the symbols for the rule of law and human rights developing from separation to combination.At this time,the rule of law and human rights in theory or practice level are inter-related.The rule of law and human rights tends to merge together from the CCP 18 th congress,especially the fourth plenary session of the CCP 18 th congress.Thus,the rule of law value and the value of protecting human rights are highly merged together.

Key concepts: Law, Human rights, Rule of law, Political science, Due process, Principle of legality, International human rights law, Public law

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