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众所周知,国际法是因为国家之间的交往逐渐增多,需要有一套规则对国家之间的关系予以规范和调整,才逐步形成和发展而来的,因此国家作为国际法的主体是毋庸置疑的。而关于个人在国际法中是何种地位,理论界一直存在着诸多争议。传统的国际法中涉及到个人在国际法中内容比较少,个人一般仅仅是以难民、国际罪犯和外国人等特别的身份在国际法中出现。而当前,基于国际社会环境的进一步发展,个人在国际法中的地位逐步提高,人们有基本权利受到侵犯后,除了依靠自己的国家,还能够通过一些国际条约和组织进行申诉,在一定程度上个人在人权、刑事、环境等国际范围内成为了国际法的权利义务主体。因此,本文拟对个人在国际法中的地位这一问题进行相关研究,探讨个人成为国际法的主体资格对国际社会的重要意义。
As we all know, international law is gradually formed and developed only because of the gradual increase of contacts between countries and the need for a set of rules to regulate and adjust the relations among countries. Therefore, it is beyond any doubt that the state as the subject of international law. As for the status of individuals in international law, there have been many controversies in theorists. Traditional international law refers to individuals who have less content in international law. Individuals generally appear in international law only in special status, such as refugees, international criminals and foreigners. At present, based on the further development of the international social environment, the status of individuals in international law has been gradually raised. After people have violated their basic rights, they can not only rely on their own country but also appeal through some international treaties and organizations. To a certain extent, It has become the main body of rights and obligations under international law in the international context of human rights, criminal law and the environment. Therefore, this article intends to conduct a relevant study on the status of individuals in international law and to explore the significance of the individual qualifications becoming the main body of international law to the international community.