英文摘要

History， Concreteness and Reality： The Threefold Construction Logic of the Contemporary Chinese Outlook on Human Rights

LU Guangjin

（Vice President of China Society for Human Rights Studies； Human Rights Institute， Jilin University）

Abstract： The outlook on human rights refers to peoples basic views， propositions and positions on human rights. It is the idea of value that reflects the basic perception of human rights. General Secretary Xi Jinping stated in his Speech at the 37th Group Study Session of the Political Bureau of the 19th CPC Central Committee： "Human rights are concrete， rooted in history， and based on current realities. We cannot mouth empty words on human rights regardless of the social and political conditions and the historical and cultural traditions of a country." This weighty judgement has pointed out the threefold construction logic of the contemporary Chinese outlook on human rights： first， human rights are rooted in history because certain economic and social conditions determine that human rights are a product of history； second， human rights are concrete as the purpose of developing human rights is to boost peoples sense of fulfillment， happiness， and security； third， human rights are based on current realities because the guarantee of human rights cannot be separated from a countrys national conditions and realities.

The quote "human rights are concrete， rooted in history， and based on current realities" has shown the basic value perception of human rights in contemporary China and thus constructed the three layers of logic of the contemporary Chinese outlook on human rights. Human rights being rooted in history has reflected the outlook on development of human rights； human rights being concrete has reflected the outlook on people of human rights； human rights being based on current realities has reflected the outlook on national conditions of human rights. These three constitute the independent knowledge system of human rights with Chinese characteristics， which has become the core essence of the contemporary Chinese outlook on human rights. The important judgement of "human rights are concrete， rooted in history， and based on current realities" is the product of combining the Marxist outlook on human rights with Chinas specific realities and the best of traditional Chinese culture by Chinas Communists with Comrade Xi Jinping as their chief representative， the result of grounding the universality of human rights within the Chinese context while learning from the outstanding achievements of other civilizations， as well as the correct conclusion drawn by summarizing the practical experience of human rights in China and other countries in the world. The contemporary Chinese outlook on human rights is the proposition and idea on human rights constructed in the great endeavors of building socialism with Chinese characteristics， which are independent， innovative and meet the needs of the times. It is the latest achievement of adapting the Marxist outlook on human rights to the Chinese context and the needs of the times as well as the scientific philosophy of human rights and methodology of human rights practice that have enriched and developed the theory of human rights advancement.

A certain outlook on human rights determines the corresponding human rights practice as the former leads and dominates the latter. The contemporary Chinese outlook on human rights， with "human rights are concrete， rooted in history， and based on current realities" as its core， originates from the social practice in contemporary China， serves the social practice in contemporary China in turn， and continues to develop in practice. It is based on this fundamental view of Marxist philosophy which unifies theory and practice that contemporary China has constructed a scientific outlook on human rights and taken a path of human rights development that conforms to the trend of the times and suits its national conditions. On this path of human rights development， the Chinese people are increasingly enjoying greater human rights protection and constantly getting more opportunities to shine in life， so as to become decent and dignified members of the society.

KEY WORDS： outlook on human rights； the human rights philosophy of history； the independent knowledge system of human rights； human rights advancement； the Chinese path to modernization

Three Layers of Logic between Socialist Market Economy and Human Rights Development in China

CHANG Jian

（Zhou Enlai School of Government， Human Rights Research Center， Nankai University）

Abstract： The economic foundation of the Chinese path to modernization lies in the establishment and improvement of the socialist market economy， which requires the building of compatible modern economic， political， social， and cultural ways of interaction. The development of human rights in China is to establish the ideology and social norms that adapt to the requirements of the market economy system. There are three layers of logic between the two： first， establishing the human rights awareness and social norms that respond to the requirements of the socialist market economy is its underlying structural logic， which explains the general trend of human rights development and institutional construction in China. Second， choosing a way to promote human rights that suits the requirements of economic transformation is the middle-level logic of generative transformation， which explains the strategy and path of human rights development in China. Third， adopting corresponding measures to solve various practical problems in the development of socialist market economy is the surface-level logic of process cycle， which explains the following changes in the focus and specific policies of human rights development in China： 1） the content of rights protection has evolved from the expansion of autonomy to the improvement of the guarantee of economic and social rights； 2） the beneficiaries of human rights have expanded from some people who are encouraged to get rich first to all to achieve common prosperity； 3） the path of promoting the right to subsistence and the right to development has evolved from large-scale development to sustainable development； 4） the guarantee of democratic rights has evolved from sound and democratic decision-making to whole-process peoples democracy. These three layers of logic interact with each other and influence the general trend， basic features， choice of pathway， strategic deployment， policy measures and the changing patterns of Chinas human rights development. In other words， while adhering to the Partys leadership in the human rights development， we should advance human rights development in a planned manner in the healthy interaction of reform， development and stability， uphold the rights to subsistence and development as the primary and basic human rights， coordinate the promotion of economic， social and cultural rights as well as civil and political rights， balance individual rights and collective rights， enjoyment of rights and assumption of obligations， equal protection and special protection of rights， and promote and implement policies in accordance with law. We should also take peoples sense of fulfillment， happiness， and security as the important test criteria for the realization of human rights and the free， well-rounded and common development of all members of the society as the ultimate goal of human rights. This can not only explain the existing practice of human rights development in China to a certain extent， but also provide a reasonable outlook on the future prospects of human rights development in China.

KEY WORDS： socialist market economy； Chinas human rights development； the Chinese path to modernization

On Confidence in the Contemporary Chinese Outlook on Human Rights

YANG Chunfu

（School of Law， Southeast University； Institute for Human Rights， Southeast University； Specially-appointed Researcher at Southeast University and Nanjing Normal University）

Abstract： The contemporary Chinese outlook on human rights determines the direction and path of the human rights development. The formation of an outlook on human rights is a process in which human rights consciousnesses achieve a certain degree of unity under the comprehensive influence of internal and external factors， namely， the dominant conditions in the indoctrination and representation of human rights consciousnesses and the objective conditions affecting the generation of human rights consciousnesses. The independent rationality at the static level and the interactive rationality at the dynamic level are the support for the stable and continuous conceptual output of the outlook on human rights. The source of independence and self-reliance of the contemporary Chinese outlook on human rights lies in confidence in its outlook on human rights， the underlying motivation of which is the sense of human rights efficacy. With cognitive and experiential factors as the dominant variables， the sense of human rights efficacy has a positive correlation with the confidence in the outlook on human rights， pushing forward the human rights cause under the guidance of the outlook on human rights. The sound development of the human rights cause requires a high sense of social human rights efficacy.

Confidence in the outlook on human rights is based on its own scientificity and autonomy， and the scientificity and autonomy in the contemporary Chinese outlook on human rights are reflected in its value connotations， which can be divided into three aspects： the value hierarchy that upholds the rights to subsistence and development as the primary human rights， the value standard of "living a life of contentment is the ultimate human right" and the value content of human rights that is dynamic， various and keeping pace with the times. The value hierarchy shows Chinas down-to-earth and pragmatic approach to human rights； the value standard contains diversified criteria of value judgment and the persistent pursuit of fundamental values； the value content embodies the focuses of Chinas human rights development and thus forming an important path for the improvement and advancement of the contemporary Chinese outlook on human rights.

The confidence in the theory of the contemporary Chinese outlook on human rights， which is constituted by the three aspects of human rights cognition， practice mode and fundamental viewpoint， is manifested in the theoretical inheritance and development of the Marxist outlook on human rights. The confidence in its politics is manifested in the political leadership， steadfast adherence to the political stance and the political guarantee by the socialism with Chinese characteristics in the cause of human rights， i.e.， the leadership of the Communist Party of China， its people-centered stance on human rights， as well as the guarantee of human rights in the Chinese Constitution. The confidence in its history and culture is manifested in the historical and cultural genes of human rights endowed by the best of traditional Chinese culture and historical heritage， i.e.， the human rights ideology that pays equal attention to individual human rights and collective human rights and is nurtured by the group-based history and culture.

The practical power of the confidence in the Chinese outlook on human rights is expressed and highlighted through the contemporary Chinese outlook on human rights. It has provided impetus and stability for the development of Chinas human rights cause， and meanwhile stimulated the vitality of the worlds human rights cause at the international level.

KEY WORDS： the outlook on human rights； confidence in the outlook on human rights； people-centered； the sense of human rights efficacy

The Rights of Groups： Chinas New Model for Human Rights Advancement in Dialogue with the West

XU Shuang

（Law School， Minzu University of China； Member of the Expert Advisory Committee of Ministry of Civil Affairs of the Peoples Republic of China）

Abstract： Human rights are universal because the enjoyment of human rights is the common pursuit of human society； human rights are also local because the realization of human rights cannot be separated from the specific realities and conditions of the country. The International Bill of Human Rights， while providing a list of rights that are generally recognized， opens up the possibilities of the understanding and realization of human rights to all countries and regions.

In the classical era， the term human rights was first referred to as "natural rights" and was embodied as a kind of "natural justification". Judged by todays standards of rights， it is more like a "large package" of mixed rights and obligations with an emphasis on obligations. This "large package"， which contains the requirements of goodness， reason， divine justice and desire， was freed from the "natural" state through the bourgeois revolution in the second half of the 18th century and turned into the principles of political reality. Since modern times， it has been transformed into an ideological weapon characterized by individualism， universalism and radicalism. After World War II， with the adoption of a series of declarations and conventions and the operation of human rights mechanisms， human rights have gradually become the moral foundation and creed of action for rebuilding a new international order.

Although human rights are not an original idea in Chinese culture， China has its own understanding of human rights as well. Chinas political， cultural and historical experience has largely influenced its perception of human rights， that is， the pursuit of human rights should start from "concrete human" rather than "abstract human" with "groups" rather than "individuals" as the subject. The history of Chinese politics and thought has a tradition of emphasizing the "groups"， which is especially "peopleoriented". At the beginning of the 20th century， the concept of civil rights was successfully integrated with the "imported" concept of human rights at the time of the "transition" from a traditional society to a modern one， thus forming a part of the contemporary Chinese outlook on human rights. Moreover， the Chinese representative brought the traditional concept of "conscience" into the drafting of the Universal Declaration of Human Rights， injecting the Oriental wisdom into the cause of human rights in the world.

The Communist Party of China， the largest political party in the world， has led the most populous country to firmly advance the cause of human rights and develop its productive forces so as to ensure the peoples well-being and truly address the issue concerning the right to subsistence. With a commitment to putting people above all else and ensuring that they enjoy extensive and full civil and political rights， economic， social and cultural rights as well as new types of rights in accordance with law， it has combined the universal principles of human rights with national conditions and taken a path of human rights development that conforms to Chinas realities and the trend of times. The people-oriented nature of Chinas human rights， the multiplicity of their content and the gradualness of their realization have created a new model for human rights advancement characterized by "the rights of groups". All the Chinese people， through "the rights of groups"， have implemented "the people running the country" concretely and realistically in the life of the state and society， which is increasingly becoming an important pillar of global human rights governance. This has opened the eyes of all developing countries to the possibility of finding a way forward for the development of a new model for human rights advancement in the world.

KEY WORDS： human rights； natural law； the people being the root of a country； people-centered； the Chinese path to modernization

On Levels and Significance of the Thoughts of Human Emancipation in The Holy Family

REN Shuaijun

（Tongji University）

Abstract： In the study of the early texts of Marx and Engels， the discussion on the way of mans existence and the idea of emancipation is still relatively weak both among Chinese and international researchers， while the exploration of the way of mans existence and the concept of emancipation is one of the critical issues in The Holy Family.

In the history of human thought， due to the influence of "ontology" for a long time， attempts to study the question of human emancipation from an eternal and unchanging ontology have obscured the manifestation of human beings existence， the process and levels of human emancipation， and have failed to reveal the reality of the human living state deeply. The Holy Family then shifts the attention to the question of human emancipation from ontology to existentialism， critiques the idealistic ontological philosophy of the young Hegelians led by Bruno Powell， who attribute human emancipation to self-consciousness， and points out that dialectic idealism is harmful to true humanism through its disregard for the actual human being.

In The Holy Family， they criticized the discussions of the young Hegelians on the Jewish question and thus developed a historical materialist thought on the way of human existence and the level of its emancipation， marking their complete rejection of the Hegelian idealistic view of history on the core and critical issues of their historical outlook， and their beginning to transcend the influence of the old materialism of Feuerbachs style and take a crucial step toward the construction of a "new worldview."

The Holy Family contains a profound thought of human emancipation， which can be developed into three levels： thought emancipation， life emancipation， and political emancipation. Through the critique of the absolute spiritual critique， it is pointed out that history is not an absolute spiritual history created by self-consciousness， and the thought of emancipation is advanced in depth. Through the critique of class privileges， it expounded the meaning and limits of the political emancipation initiated by the bourgeoisie and the world-historical significance of the proletarian revolution.

Human emancipation， as a "principle" of emancipation， is a higher stage of the emancipation of human thought， life， and politics. This is the key to the transformation of the young Marxs thinking about man， and it is also an essential ideological presentation of Marxs transcendental conception of the historical materialist theory of human emancipation. Under the construction of socialism with special characteristics in contemporary China， Chinese modernization is a profound interpretation of the idea of human emancipation in The Holy Family， and is a significant advancement and development of Marxism into the Chinese style of modernization.

KEY WORDS： thought emancipation， life emancipation， political emancipation， human emancipation， the Holy Family

On Reflexive Approach to Human Rights： Centered on Foster

LI Dan

（Renmin University of China）

Abstract： The paths of justification of human rights can be divided into three types： ethical， political， and moral-political. The ethical justification advocated by naturalistic human rights theories faces the difficulty of being transformed into moral justification. The political justification advocated by political human rights theory lacks the moral content of human rights because it ignores the internal perspective. Compared to the minimum consensus theory， the reflexive approach is an advanced version of the moral-political path of justification of human rights. The reflexive approach is a relatively universal view of human rights with morality at its core， highlighting the trend of contemporary human rights theory.

The reflexive approach can be summarized into three core elements： justified moral rights or the moral obligation for justification， acceptable reasons （universal and reciprocal criteria）， and reflexive constructions （moral and political constructions）. The justified moral rights are the Kantian root of the reflexive approach. All four challenges to the reflexive approach unfold on the basis of its three core elements.

The first challenge revolves around the justified moral right. Through two paths， Foster derives a universal right to be validated from a cultural integrity perspective. But is the justified moral right really universal？ Foster argues that the "need for justification" is universal and that the "justifying moral right" is a dynamic process constantly unfolding.

The second challenge revolves around the moral obligation for justification. Foster emphasizes moral autonomy and the moral force of the obligation to justify as a "moral" obligation. He accordingly proposes a second level of practical insight to fill the "normative gap" that exists between the weak transcendental "must" and the morally prescribed "must." The question is whether primary practical and cognitive insight already encompasses secondary practical insight. Foster insists there is a normative gap and， therefore， a need for secondary practical insight.

A third challenge revolves around the strict interpretation of Kantianism. The reflexive approach is a strict interpretation of Kantianism， which poses a twofold dilemma for Foster. First， does the moral right for justification go against historical contingency？ Foster argues that it needs not to conform to historical contingency because history is neither accidental nor necessary. Second， the strict interpretation of Kantianism moralizes human rights and hinders democratic self-governance. Foster argues that the reflexive approach only emphasizes the "moral core of human rights，" not the "moralization of human rights，" so it does not impede democratic selfgovernance.

The fourth challenge revolves around the "all affected" principle of the mutuality and universality standard. The "all affected" principle faces the concern of"excessiveness，" i.e.， is there too much emphasis on rationality or too much emphasis on susceptibility？ Foster tries to find a balance between absolute universalism and absolute otherness. By distinguishing between the "object of the act" and the "subject of the justification，" a balance can be struck between the concrete other and the universal other that is not overly biased toward either end.

KEY WORDS： the reflexive approach to human rights； justified moral rights； moral obligations for justification； Foster

On the Path and Method of Categorizing Personality Rights

Wuriliga

（Shandong University， Heidelberg University ）

Abstract： Personality right is an essential element of human rights and a fundamental framework right （Rahmenrecht）. Legal provisions are not the precondition for personality rights to be recognized， and the legislation cannot draw clear boundaries for the extension of personality rights. It is impossible to thoroughly and clearly depict what living conditions are accommodated in the scope of personality rights protection. The extension of personality rights is indefinite， and the system of personality rights always remains open to life facts. This legal attribute determines that the development of personality rights category mainly rests on judicial mechanisms and specific judicial cases and primarily accumulates from practices. Upon the demand of categorizing personality rights， theoretical studies start from the provisions of personality rights in the Civil Code to explore the content of rights， interests， and the space for interpretation and application. However， there is no specific focus on judicial and leading cases and no discussion of the infringing patterns， and protection paths of personality rights and interests. Even the study of interpretation theory focuses on logical deduction rather than further researches on judicial practice. There are abundant resources of local cases in judicial practice， which are rich in judicial wisdom and worthy of analysis and study by personality rights research. For instance， the specific cluster of cases with leading case No. 99， explores the elements of infringing the martyrs right of fame and interests， which are different from the general personality interests of the deceased， and pushes forward the legalization of the martyrs personality rights and interests in the Civil Code. Nevertheless， there are still some inadequacies in current practice， which are highlighted as follows： too much emphasis on martyrs fame and neglect of the needs of categorizing other personality rights and interests， too much emphasis on moral rhetoric and neglect of the balance among legal interests behind. Therefore， it is urgent for the path and method of categorizing personality rights to be further improved.

In a general sense， categorizing personality rights needs to study the specific cluster of cases with a leading case， from which the typical features could be summarized， and alternative constitutive elements or adjudication rules could be drafted and proposed. The categorizing can only be completed with the specific cluster of cases as the foundation， while the cluster can hardly be formed without the typical cases with guiding significance. If the judiciary concentrates on issuing leading cases for just one particular interest， it will put aside the need for categorizing other personality rights and interests. Besides， the scope of protection of personality rights needs to be determined by weighing legal