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2004年人权入宪,但因人权概念与82宪法集体主义传统在理论上的联系并未完全得到释明,人权条款的设置、人权条款与82宪法各公民权利条款的关系都未得到充分解答,人权条款并未真正融入82宪法。但从中国人权研究的思想史看,通过赋予个体权利塑造强健公民进而追寻国家富强、通过发扬人权价值匡正集体目标,实现现代文明的思路是人权条款与我国宪法集体主义传统相融合的思想基础,这也为人权条款融入82宪法提供了理论路径。
Although the human rights were incorporated into the constitution in 2004, the theoretical connection between the concept of human rights and the tradition of the constitutional collusion in 1982 has not been completely elucidated. The establishment of the human rights provisions, the relationship between the human rights provisions and the articles of civil rights of the Constitution of the People’s Republic of China are not fully answered, Human rights provisions are not really integrated into the constitution. However, judging from the ideological history of human rights studies in China, it is the ideological foundation for the integration of human rights provisions with the traditional constitutional collectivism in our country by giving individual rights to create strong citizens and thus pursuing the prosperity of the country. To achieve the goal of modern civilization through the promotion of human rights values, This also provides a theoretical path for the incorporation of human rights provisions in the Constitution.