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近些年来,人权保护逐渐受到了更多关注。从民商法角度而言,民商法有必要运用法律的方式来保障人权,人权保护因此也构成了民商法的基本立法宗旨。相比于其他部门法,民商法与民众的日常生活具有内在联系,这种现状也在客观上决定了人权保护对于民商法的价值所在。从目前现状来看,民商法正在逐步完善与人权保护有关的各项条款,在此基础上也构建了人权保护的民商法框架。应当明确的是,人权保护需要融入民商事的立法与实践中,通过这种方式来增加法律保障。因此对于民商法而言,应当明确人权保护与民商法之间的联系;结合民商法保障人权的现状,探求可行的完善措施。
In recent years, human rights protection has been receiving more and more attention. From the perspective of Civil and Commercial Law, civil and commercial law is necessary to use the law to protect human rights, human rights protection therefore constitutes the basic legislative purposes of Civil and Commercial Law. Compared with other departments law, the civil and commercial law is intrinsically linked with people’s daily life. This status quo also objectively determines the value of human rights protection for civil and commercial law. Judging from the current status quo, the Civil and Commercial Law is gradually improving various provisions related to the protection of human rights. On this basis, it also establishes the civil and commercial legal framework for the protection of human rights. It should be clear that the protection of human rights needs to be integrated into the legislation and practice of civil and commercial affairs so as to increase the legal guarantee in this way. So for civil and commercial law, the relationship between human rights protection and civil and commercial law should be clarified. Combining civil and commercial law to protect human rights, we should explore feasible measures for improvement.