"人权"入宪与宪法价值观的变迁

保障人权是宪法的目的,人权原则在宪法原理中处于核心地位。在中国,保障人权的宪法价值观,萌芽和形成于清朝末年的政治改革思潮,经历了民国时期和新中国的曲折变迁。我国宪法修正案把"国家尊重和保障人权"写入宪法,是宪法价值观向人权保障方向转变的重要表征,同时也对我国政治制度和法律体系的进一步完善,提出了新的要求。

The Incorporation of Human Rights into the Constitution and the Changes in Constitutional Values

Constitution is the fundamental law which is designed to safeguard human rights, which are the core principle of the constitution. In China, the constitutional values that human rights should be protected came into being in the reformist movement in the late years of the Qing Dynasty and they have undergone great changes from the period of the Republic of China until present time. The fact that " China respects and safeguards human rights" was written into the amendmentof the constitution is an important indication that protection of human rights is part of our constitutional values. Meanwhile, it raises a new requirement to the further improvement of the political system and the law system in China