On China’s Formulation of Reservations to Human Rights Treaties and the Improvement Measures

China has signed in 26 human rights treaties and made 16 reservations out of them up to now.The reasons to which China made these reservations,the content of the reservations and the authority to make the reservations all have certain characteristics.However,some limitations of the formulation of China’s reservations to human rights treaties can be seen as follows: no domestic reservation legislations;no specified reasons for the reservations;simplified reservation practices and no review and evaluation of reservations made.However,ICJ Advisory Opinion on the Reservations to the Convention on the Prevention and Punishment of the Crime of Genocide,Vienna Convention on the Law of Treaties 1969,and the practice guide have gradually established modern rules on reservations to human rights treaties,which require China to take prudent attitude and flexible methods.In the course of implementing international human rights treaties,first,China should actively develop legal rules for treaty reservations to provide a legal basis for reservations to human rights treaties;second,China should provide an explanation for the reasons of the reservations to human rights treaties;third,China should emphasize on the reservations made by foreign countries to human rights treaties;lastly,China should carry out a comprehensive assessment on the reservations to the human rights treaties made,and then categorize them into the following three types: reservations to be continued,reservations to be withdrawn and reservations to be improved.