Human Rights Expert： The protection of human rights in China will be broader in the next 30 years.
Dialogue guest
Li Buyun (Member of Honorary Faculty of China Academy of Social Sciences, Director of Human Rights Research Center of Guangzhou University)
● We should pay close attention to the study and ratify the International Covenant on Civil and Political Rights as soon as possible with appropriate reservations.
Xu Xianming (Member the National People’s Congress Standing Committee (NPCSC), Member of Law Committee, President of Shandong University)
● Only institutional human rights are fundamental human rights. In the future, China’s human rights system should be reconstructed.
At the beginning of November, our government announced that it would formulate the National Action Plan on Human Rights for the first time, and plan the development of human rights in China in the next two years.
This news is great news for Li Buyun, member of Honorary Department of China Academy of Social Sciences, and Xu Xianming, member of the National People’s Congress Standing Committee (NPCSC) and president of Shandong University. Human rights have been their lifelong pursuit.
Thirty years ago, on December 6, 1978, Li Buyun published the article "Adhere to the equality of citizens in law" in the People’s Daily, which was recognized as the "first article" for the legal profession to break through the ideological and theoretical forbidden zone; He also proposed that "criminals are also citizens", which triggered a big debate.
Back then, Li Buyun believed that it was 30 years of reform and opening up that opened up a "new era of human rights protection" in the history of the Chinese nation.
Twenty-nine years ago, as the first college student to go to court after the Cultural Revolution, Xu Xianming volunteered to defend a murderer. Over the years, he wrote "The Right to Existence" and others’ works, and put forward many proposals and suggestions to promote human rights. Together with Li Buyun, he encouraged and called for "human rights being enshrined in the Constitution".
"When human rights were enshrined in the Constitution in 2004, I have a feeling of dying." Xu Xianming’s words came from the heart.
In the eyes of two promoters of China’s human rights cause, the Third Plenary Session of the Eleventh Central Committee 30 years ago was a new starting point for China’s human rights protection, which brought about the lifting of the human rights concept and the expansion of human rights practice. Thirty years later, human rights have become the mainstream value in China today. In the next 30 years, human rights in China will be respected as never before, and people will have more universal, broader and more equal human rights.
Five major nodes
Human rights are no longer forbidden zones.
1978 Third Plenary Session of the Eleventh Central Committee
New "origin" of human rights protection
Background: In December 1978, the communique of the Third Plenary Session of the Eleventh Central Committee pointed out: "The civil rights stipulated in the Constitution must be resolutely guaranteed and no one can infringe upon them."
During the Cultural Revolution, human rights were regarded as the patent of capitalism. In the early days of reform and opening up, human rights were still regarded as "bourgeois slogans". In 1978, the practice of human rights protection for the Rightists took the lead, and by November all parts of the country had taken off the Rightists’ hats. By 1982, more than 3 million cadres’ unjust, false and misjudged cases had been rehabilitated and more than 470,000 party member had been reinstated as a Party member.
The word "human rights" did not appear in the communiqué of the Third Plenary Session of the Eleventh Central Committee. But both Li Buyun and Xu Xianming regard it as the new "origin" of human rights protection.
Li Buyun: Looking back at history, a key point is that the new China was founded in 1949, and the people of China stood up, which opened up a domestic and international environment for the protection of human rights.
At the Third Plenary Session of the Eleventh Central Committee, important concepts such as safeguarding citizens’ rights and equality before the law were clarified. In particular, it emphasizes democracy and the legal system, which is also a question of individual rights ―― democracy is first and foremost a person’s democratic right, and the legal system is to protect human rights. It marks a new beginning of human rights protection in China.
Xu Xianming: Human rights have long been the Communist Party of China (CPC)’s proposition: in 1923, the Communist Party of China (CPC)’s first Constitution put forward human rights; During the Jinggangshan period, the Outline of the Constitution of chinese soviet republic clearly stated "people’s rights" …
The 30 years of reform and opening up, in a sense, are 30 years of political reform and 30 years of institutional innovation. Only institutional human rights are fundamental human rights. The great meeting 30 years ago was a new "origin" of human rights protection.
The Fourth Constitution of 1982
It lists 28 kinds of civil rights, which are almost the same as those in the west.
Background: In December, 1982, New China enacted the fourth constitution, namely the current constitution. Article 33 stipulates: "Anyone with People’s Republic of China (PRC) nationality is a citizen of People’s Republic of China (PRC)."
Some people say that you can’t understand the meaning of "citizen" without going through the Cultural Revolution. At that time, "rich land against bad right" was not treated as a citizen and lost the basic dignity of being a human being.
Previously, the 1949 "Common Program" only stipulated the rights of the "people"; The 1954 Constitution stipulated the rights of citizens, but did not answer what is "citizen".
The definition of "citizen" in the 1982 Constitution means that "rich land against bad right" is also a citizen, and criminals are also citizens, all of whom should have basic human rights protection.
On November 20th, 1980, the Supreme People’s Court Special Court tried the case of Lin Biao and Jiang Qing’s counter-revolutionary group in public, and held 44 sessions before and after, which was regarded as "an example of handling cases according to law".
Li Buyun: The greatest crime of the Gang of Four was trampling on human rights. A public trial according to law embodies the five judicial principles of human rights protection: independent trial according to law, judicial democracy, seeking truth from facts, humanitarianism and legal equality.
Among the four constitutions of New China, the 1982 Constitution lists the most specific rights of human rights, which is almost the same as that of western countries.
The basic rights of citizens were only two in 1975, 12 in 1978 and 28 in 1982, adding new provisions such as "personal dignity is inviolable", which greatly promoted the development of human rights in China.
The first "White Paper on Human Rights" in 1991
Human rights are called "great nouns"
Background: On November 2, 1991, the State Council Information Office published a white paper entitled "Human Rights Situation in China". This is the first official human rights document released by the China government to the world.
In the first "White Paper on Human Rights" of China Government, human rights were called "great nouns"; Emphasizing that the realization of full human rights is "a long-term historical task of the people and government of China"; And put forward that "the right to subsistence is the primary human right of Chinese people".
Li Buyun: In June 1993, the Second World Conference on Human Rights adopted the Vienna Declaration and Programme of Action, which was attended by representatives from more than 180 countries, including China. The declaration recognizes the universality of human rights and explicitly considers the characteristics of various countries and regions. This is the first time that China has recognized the universality of human rights in diplomacy.
Xu Xianming: In October 1995, Jiang Zemin, then president, said in an interview with an American television station that the realization of the principle of universality of human rights must be combined with the specific conditions of each country. This is the first time that China leaders have publicly acknowledged the universality of human rights.
In 2004, human rights were enshrined in the Constitution.
"Respecting and safeguarding human rights" has become the basic obligation of the state.
Background: On March 14th, 2004, the Second Session of the Tenth National People’s Congress passed an amendment to the Constitution, and "the state respects and protects human rights" was written into the Constitution.
In May 2004, the Global Poverty Alleviation Conference was held in Shanghai. The meeting evaluated China’s poverty alleviation as a "vivid example". In 2004 alone, the central government allocated 12.2 billion yuan to help the poor, and the rural poor population decreased by 2.9 million compared with the previous year. "The right to subsistence is the primary human right of the people of Chinese", and China took poverty alleviation as a breakthrough to carry out vivid and effective human rights practice.
Xu Xianming: There are three meanings for human rights to be enshrined in the Constitution: the protection of human rights in China has been unprecedented inclusive and extensive. The subject of human rights is no longer only aimed at citizens, but extends from citizens to everyone; The human rights system is moving from closed to open. When human rights are incorporated into the constitution, the human rights system changes, and those that are not listed should also be protected; Respecting and safeguarding human rights has become the basic obligation of the state. This indicates that the country’s values have begun to change.
Report of the 17th National Congress of 2007
Give a variety of new human rights such as the right to know and the right to participate.
Background: On October 15th, 2007, the 17th National Congress of the Communist Party of China was held in Beijing. The report of the 17th National Congress of the Communist Party of China clearly pointed out: "Protect people’s right to know, participate, express and supervise."
In September 1997, the 15th National Congress of the Communist Party of China was held, and "respecting and safeguarding human rights" was written into the report of the National Congress of the Party for the first time. Since then, the 16th National Congress of the Communist Party of China once again reiterated "respecting and safeguarding human rights".
In the report of the 17th National Congress, human rights were mentioned twice: the healthy development of human rights; Respect and protect human rights, and guarantee the rights of all members of society to participate and develop on an equal footing according to law.
China has made new strides in human rights practice. On January 1st, 2006, the Regulations of People’s Republic of China (PRC) on Agricultural Tax was abolished. The abolition of agricultural tax in that year reduced farmers’ tax burden by more than 120 billion yuan.
Li Buyun: The report of the 17th National Congress of the Communist Party of China is of great significance to the future of human rights in China. People-oriented Scientific Outlook on Development will respect and protect human rights more. In the report of the 17th National Congress of the Communist Party of China, all aspects of human rights are taken care of, and the right to know, the right to express and the right to participate are beyond the specific enumeration in the Constitution.
Xu Xianming: I think the report of the 17th National Congress of the Communist Party of China has reconstructed China’s human rights system, which covers a wide range, including political, economic and social fields: learning to teach-the right to education; The right to health and medical treatment; A sense of security for the elderly-social rights; What you earn from your labor ―― the right to labor remuneration; Have a place to live ―― the right of moderate residence, etc.