人权是人之所以为人所享有或应当享有的权利。国家是人们为保护其自然权利而让渡部分或全部权利构建的,是人权保护的手段和工具。人权的产生不依赖于和先于国家,但人权的实际享有却有赖于国家的保障。国家是人权保障的主体,公权力的依法、正确行使对人权的实际享有起着至关重要的作用。 Human rights are the rights that people enjoy or should enjoy. The state is the means by which people give up some or all of their rights to protect their natural rights and is a means and tool of human rights protection. The emergence of human rights does not depend on and precedes the state, but the actual enjoyment of human rights depends on the guarantee of the state. The state is the main body of guaranteeing human rights. The correct exercise of public power according to law plays a vital role in the actual enjoyment of human rights.