A Preliminary Investigation into the Protection and Measurement of Fundamental Rights

The paper holds that, in dealing with fundamental rights protection, emphasis should be laid upon the restrictions on fundamental rights and the conflicts of fundamental rights. By the restrictions on fundamental rights is meant that these rights are suffering from encroachments by state powers, and by the conflicts of fundamental rights is meant that these rights are undermined due to other parties’ exercise of their fundamental rights. The above two situations will both lead to the narrowing of the scope of fundamental rights protection, which is to the prejudice of people’s basic rights protection. Under the circumstances of the restrictions on fundamental rights and the conflicts of fundamental rights, the traditional subsumption mode has found itself difficult to be applied to the fundamental rights provisions in terms of defining the protective scope of fundamental rights. A new measurement mode has thus come into being. There’s no denying the fact that this measurement mode is open to criticisms for its sheer objectivity, however, in real applications, its subjective tendencies should be avoided.