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本文从人权与宪法的天然联系、宪法之下的权力、宪法如何以人权来制约权力这三个方面来论述以人权制约权力这一主题。本人认为,人权应当高于权力,人权产生权力、制约权力,权力服务于人权。我国现行法律对人身权和财产权的保护相对较为完备,而人权当中的其他内容诸如言论自由、选举权、平等权等对权力的制约功能还没有很好地体现出来,这也预示着未来中国人权保障的发展趋势之一,必然是人权保障在内容上逐步扩大,人权对权力的制约也越大。权力与人权保护的强度可以说是,权力越大,人权受保护的强度也就越弱,反之亦然。
This article discusses the theme of restricting power by human rights from three aspects: the natural connection between human rights and the constitution, the power under the constitution and how the constitution restricts the power with human rights. In my opinion, human rights should be higher than those of human rights. Human rights have the power to restrict power and power to serve human rights. The present law of our country protects the personal rights and the property rights relatively well, but other elements of the human rights such as the freedom of speech, the right to vote, the right to restrain the power have not been well reflected, which also indicates that the future of human rights protection in China One of the development trends must be that the protection of human rights is gradually expanding in content and the restriction of human rights on power is also greater. The strength of the protection of power and human rights can be said that the greater the power, the weaker the protection of human rights, and vice versa.