论文部分内容阅读
公民基本权利修宪的方式,与整个宪法修改的方式一样,可分为全面修改和部分修改两种。一方面,就我国目前而言,我们认为全面修改的条件不够成熟,尚需要我们做大量的准备工作;另一方面,由于现行宪法规定的公民基本权利很不充分,应当入宪的公民基本权利较多,通过逐次部分修宪的方式进行完善显得过程漫长,关键还影响宪法的稳定性。显然就目前而言,这两种思路都不具有可行性,但是不代表目前我们无所作为,我们主张通过一种新的思路来完善我国公民的基本权利体系,即以“人权入宪”为契机,在宪法人权原则指导下,尽快制定“中华人民共和国尊重和保障人权法”(简称“人权法”)这样的宪法性法律,并主张“人权法”内容应该至少包括立法宗旨、一般原则、个人权利、政治权利、社会权利、基本权利的救济、国家义务性的保障措施等内容。
The method of amending the constitutional rights of citizens is the same as that of the entire constitutional amendment. It can be divided into two parts, that is, overall revision and partial revision. On the one hand, as far as our country is concerned, we think that the conditions for a comprehensive amendment are not yet mature enough and that we still need a lot of preparatory work; on the other hand, since the fundamental rights of citizens stipulated in the current Constitution are not sufficient, the basic rights of citizens More, the process of constitutional amendment one by one is part of a long way to perfection, the key also affects the stability of the constitution. Obviously, for the moment, neither of these two approaches is feasible, but it does not mean that we are now doing nothing. We advocate the perfection of the basic rights system of our citizens through a new way of thinking, that is, taking “human rights into the constitution” as Under the guidance of the principle of constitutional human rights, as soon as possible, we should formulate a constitutional law such as “The People’s Republic of China Respects and Guarantees Human Rights Law” (“Human Rights Law”) and holds that the content of “human rights law” should at least include Legislative purposes, general principles, individual rights, political rights, social rights, remedies for basic rights and safeguards for state obligations.