Sun Qiang
Since the reform and opening-up period began in China in late 1978, the Communist Party of China (CPC) has led the Chinese people to combine the Marxist theory of human rights with real conditions, the characteristics of the times, the historical traditions and the culture of human rights in China, in a bid to solve the “special” issues of China’s human rights development, continue to achieve theoretical innovation, and promote the healthy development of China’s human rights cause. The major theoretical innovation has been the elucidation of correct theoretical principles about the development of human rights in China and lessons learned from it,i.e., the Marxist theory of human rights in China. It embodies the Party’s achievements of several generations of collective leadership since the beginning of the reform and opening-up period in exploring the formation of human rights practices. It is a rich theoretical system and has distinctive theoretical characteristics of great significance to the practice and theory of human rights.
I. Theoretical form, guiding ideology and basic principles of the Chinese Marxist theory of human rights
The reason why the Chinese Marxist theory of human rights constitutes a separate theoretical system since the beginning of the reform and opening-up period is that it has a complete theoretical form, specific guidelines and basic principles.[page]
A.Theoretical form
Specific forms of the Chinese Marxist theory of human rights embody the human rights perspectives found inthe human rights theories of Deng Xiaoping and Jiang Zemin and in the Scientific Outlook on Development, with themed topics regarding what accords with the reality of China’s human rights and how to build China’s human rights. Around this theme and from the perspective of China’s basic human rights and international human rights development characteristics, Deng Xiaoping, in line with the Party’s purposes and targets for ruling the country, comprehensively and systematically expounded on various aspects of China’s human rights development in the primary stage of socialism, including its fundamental nature, objectives, ways and means of development, developmental stages, the relationship between human rights and sovereignty, external conditions, the situation of the times and other issues. This was the first systematic answer to the question of how to scientifically understand human rights and how human rights in China should develop. On the basis of Deng’s exploration of human rights, after the Fourth Plenary Session of the 13th CPC Central Committee, the CPC collective leadership, with Jiang at its core, deeply analyzed the universality and particularity of human rights, the level and quality of human rights, the content of human rights and legal protection of human rights, enriching and further developing the understanding of human rights since Deng’s era and promoting the development of human rights theories to a new level.[page]
After the 16th CPC National Congress, the central leadership with Hu Jintao as general secretary pointed out the fundamental premise, the world view, methodologies and approaches for scientifically developing human rights, underlined the overall development of human rights through concerted development of the economic, political, cultural and social fields, and pushed forward human rights development in the world through constructing a harmonious world, which explored new frontiers of China’s human rights cause.
After the 18th CPC National Congress, the new central leadership with Xi Jinping as general secretary put forward a new idea, placing “respecting and ensuring human rights” as a major target of comprehensively deepening reform and opening-up and building a well-off society in an overall way, promising to create a fair society and ensure people’s rights to equal participation and equal development, vowing to better institutionalize democracy, enrich forms of democracy and encourage people’s enthusiasm, initiative and creativity, which signals that “respecting and ensuring human rights” has become the CPC’s basic political idea and concept for governing and rejuvenating the country.
B. Guiding ideology
The guiding ideology of Chinese Marxist human rights theory is necessarily Marxism, especially the Marxist scientific theory on human rights issues. Marxist human rights theory, as the guiding theory, refers to those concepts in the Marxist classic theoretical systemthathasbeen proven scientific and guided the construction of human rights in China, as well as the worldview and methodologies that are used in Marxism for explaining human rights issues. Chinese Marxists, guided by Marxist human rights theories, innovated human rights theories based on real conditions in China and created a Marxist human rights theory in China.[page]
The Marxist theory is defined as the guiding ideology on human rights, because of its own theoretical characteristics. The Marxist theory of human rights has characteristics different from other Western human rights theories. It is the realization of human liberation and the development of doctrine. In terms of content, Marxist human rights theory is one of the most important aspects of the theoretical system of Marxism, which fundamentally aims for the complete liberation of human beings and the full realization of human rights. Therefore, Marxism is an ideology that is concerned with the liberation of human beings and the realization of human rights. The scientific theory of Marxist human rights is based on criticism of the abstract and hypocritical capitalist theory of human rights. On the basis of the revolutionary path of proletarians and through the construction of a socialist society, Marxism pursues the complete liberation of human beings and the full realization of human rights. In terms of the times, the Marxist theory of human rights, although produced in modern times, contains contemporary values and is subordinate to the modern areas of doctrine. Although the phenomena and content revealed in Marxist discourses on human rights issues are quite different from those of the current era, the nature of the times has not fundamentally changed. Ma Junfeng said：“The contemporary time is still in the eraduring which Marx raised his questions, such as the world history era, the confrontation between labor and capitalists, alienation or liberation of human beings.”1 In the current era under capitalism,human alienation and exploitation of proletarians by capitalists exist. Although expressions of human alienation in the current erahave changed a bit from those at the time when Marx and Engels lived, their nature has not changed. Elimination of human alienation and full and complete realization of human rights is not outdated. In China, full realization of human rights is an ideal of the Chinese people who have aspired to it for hundreds of years. The fundamental purpose of the Chinese revolution, construction and reform is to realizethe human rights of the Chinese people. Only by sticking to the theoretical guidance of Marxism regarding human rights can Chinese people achieve their human rights, which haveexperienced great advancement since reform and opening-up.[page]
C. Fundamental principles
When dealing with human rights issues, we always adhere to both universality and particularity, both rights and obligations. Adhering to the unity of universality and particularity, rights and obligations is a fundamental principle when we deal with human rights issues.
1.The unity of universality and particularity
Universality includes the concept that the subjects of human rights are universal. All people are entitled to the fundamental rights of life. People here refers to all human beings. The content of enjoying human rights is also universal, and includes civil, political, economic, social and cultural rights. The existence of a common standard for universal adherence by all countrieshas been confirmed by relevant international human rights conventions. The value target of human rights is universal and a common aspiration and norm for all people. The particularity of human rights is the result of different countries and regions due to differences in the level of human rights in economic construction, social systems, cultural traditions and customs, including nationalities, classes, particular implementation and stages.
Today, the universality of human rights is often abused. Some Western countries say their human rights content has universal significance, and criticize other countries regarding their human rights systems, standards and models by usingthis distorted universality. While acknowledging the universality of human rights, actively pushing forward domestic and international human rights development and carrying out human rights dialogue with other countries, we underline the particularity of human rights, develop the human rights cause with consideration for real Chinese conditions, put the people’s rights to existence and development as a priority, and oppose interference in Chinese human rights issues by Western countries under the pretext of the universality of human rights. Jiang Zemin said：“When democracy, freedom and human rights in countries are observed, historical and cultural traditions, social systems and economic development are inseparable from those of those countries. There is no democracy, freedom and human rights in an absolute sense, there is no abstract democracy, freedom, human rights, but only relative, specific democracy, freedom and human rights.” 2[page]
2. The unity of rights and obligations
Karl Marx said that a person has a responsibility not only to his or her own, but also to each person who fulfills his or her obligations under human rights and citizenship. No rights without duties, no duties without rights. 3 In a class-based society, people in essence are the sum of all social relations, so people not only enjoy certain rights in the society, but also should assume certain obligations or responsibilities to the society. In a class-based society, the ruling classes, through exploitation and oppression, have all the rights, and the ruled have almost all the obligations; therefore, rights and obligations are enjoyed by the ruling classes. Under the socialist system, the people become the masters of the nation, and personal interests are consistent with collective interests while rights and obligations comply with each other. This concept surpasses the human rights concept of the capitalist class.
II. Main content of Marxist human rights theory in China
The logical structure of a theoretical system decides the main content of the system. Marxist human rights theory in China has rich content, which is guided by Marxism, particularly the scientific argument and summary on human rights. The key issues are what human rights are compatible with Chinese conditions and how human rights are developed in China. Focusing on such key issues, statesmen such as Deng Xiaoping, Jiang Zemin and Hu Jintao, as well as theorists, explored ways to effectively and scientifically answer these questions. The answers comprise the main content of the theoretical system.[page]
A. What human rights are compatible with Chinese conditions?
The Marxist human rights theory in China should firstly answer what human rights are compatible with Chinese conditions and what the concept of human rights includes. Based on the public ownership of the means of production, the great mass of the people share the same interests. Meanwhile, at the primary stage of socialist development in China, the Marxist human rights theory realizes that the rights to existence and development are of foremost importance. China always believes that the rights to existence and development are the premise and basis for other human rights. Without the rights to existence and development, people will substantially lose the means of having other human rights. Jiang Zemin said that one fundamental issue of democracy, freedom and human rights is a person’s right to existence and development, which means whether the person can decide his or her own fate. 4 Since the adoption of the reform and opening-up policy more than three decades ago, Chinese people have much improved their own livelihood. However, several big problems remain, such as the widening wealth gap, deteriorating ecology, housing, health care, income and pensions. The primary human rights in China are still the rights to existence and development. The report to the 18th National Congress of the Communist Party of China (CPC) defines the rights to existence and development as the primary human rights in China, underlining efforts to work for people’s benefits and address people’s concerns while especially protecting people’s rights to existence and development.[page]
Keeping the rights to existence and development as a priority does not ignore other human rights. The rights to existence and development must be ensured through economic, social, cultural and political rights. Without the rights to earn money from labor or receive a pension, people cannot survive. Without the rights to education, civil rights and equal participation, people cannot develop themselves. Therefore, we should vigorously develop the socialist market economy, democratic politics and advanced civilization, in order to push forward overall social development. Based on the nature of socialism in China, the great mass of the people are the masters of the country, and the reasonfor the country developing human rights is to achieve the overall elevation of the people, which requires the complete enjoyment of economic, political, cultural and social rights. The report to the 18th CPC National Congress underscores the construction of cultural and environmental rights, pointing out that culture is the bloodline of the nation and the spiritual home of the people. To build a powerful socialist civilization is to earnestly safeguard the cultural rights and benefits of the people. Ecological civilization emphasizes the importance of protecting the environment for the people and integrating it with economic, political, cultural and social construction, which reflects the overall development of human rights in China.
Due to the Chinese nation’s long history of slavery and oppression, only realization of national independence, self-determination and development can ensure realization of human rights. In reality, hegemonism and power politics are still rampant and harm the progress of developing countries and world peace and development. Thus, we emphasize national independence and the right to development, and always safeguard national independence and independent development as important contents of the construction of China’s human rights. Marxist human rights theory believes that the priority and the core human rights compatible with the Chinese condition are the rights to existence and development, including economic, social and cultural rights, civil rights and political rights, national independence and the right to development.[page]
B.How to build China’s human rights
In order to fully realize human rights, the Chinese government must build the development path, economy, politics, culture and international cooperation that help people enjoy basic human rights.
1.Adhering to the socialist road is the basic way to realize human rights in China
Persistence, under the CPC leadership,in socialism with Chinese characteristics can help eliminate class exploitation and oppression. Therefore, the masses of working people can truly become masters and human rights can truly be enjoyed by the Chinese people. Jiang Zemin said that national strength, common prosperity and the great rejuvenation of the Chinese nation can only be realized through the socialist system, which has already been built and continuously bettered, and other principles decided by the socialist system. 5
Socialist human rights are gradually improved and developed along with the development and improvement of the economy, politics, culture and society. The construction of socialist human rights, along with the development of China’s socialist cause, will become more mature and improved.[page]
2.Ensuring that the subject of human rights in China is always the people
The subject of human rights is a key problem in China’s human rights theory. We always adhere to Marxist human rights theory and never admit to the abstract human rights view or a human rights view that rises abovethe issue of class. Human rights in the presence of a class society are concrete and the subjects who enjoy human rights in different societies are different. We always insist in socialist society that the subjects of human rights are the majority of the people. Deng Xiaoping argued that so-called “human rights” in the Western world are one of the privileges of a tiny group of capitalists while socialist human rights in our country are enjoyed by the vast majority of the Chinese people, which determines the socialist collectivist value orientation of human rights. The fundamental idea of the important “Three Represents”Thought is the emphasis on the principle that the CPC should represent the fundamental interests of most people rather than just a few, which embodies the universality of the human rights subjects in socialism, and the basic requirement and ultimate fulfillment of the interests of the widest group of people. The core of scientific outlook on development is people-oriented. People-orientation covers three aspects of content. The first is that the basic goal of development is to realize the overall development of people’s social ideals. The second is that the fundamental purpose of development is to constantly meet and safeguard the people’s economic, political and cultural rights and interests. Being people-oriented means being oriented to the people’s fundamental interests. The third is that the result of development benefits all the people. The report to the 18th CPC National Congress, which was convened in 2012, was themed as placing people first. The word “people” appeared 145 times and the word “democracy” 70 times in the report, which has become a manifesto for ensuring human rights in China and has shown the great attention of the new central leadership to the human rights of the Chinese people.[page]
3. By vigorously developing the economy, China has laid a solid material foundation for human rights
The economy is the foundation and development is the core. Human rights issues should be subsequently resolved by developing the economy. Deng Xiaoping argued that the superiority of the socialist system is fundamentally seen in allowing social productivity to grow at a rate that had never been seen in the past and satisfying people’s increasing demand for material and cultural advancement. “Without this,” Deng said, “any big talk would not work.”6 Deng Xiaoping put forward the idea that “development is the absolute principle.”It is the center of Deng Xiaoping’s theory of human rights. In the important “Three Represents”Thought, the development requirement for the advanced productive forces is the primary issue; productivity is the basis of existence and society’s development. Developing social productivity is the means of meeting the ultimate goal of improvement of the people’s livelihood, which is not only one of the most basic human rights evaluations, but also contains the idea of existence and development. This is also an important characteristic of human rights protection in China. The Scientific Outlook on Development emphasizes realizing the comprehensive coordinated development of material civilization; changing the concept of development, innovation and the development mode; improving the quality of development; and transforming economic and social development into a people-oriented, comprehensive, balanced and sustainable track of development. The report to the 18th CPC National Congress calls for the country by 2020 to double its 2010 GDP and per capita income, focusing on protectingthe people’s economic rights and trying to achieve common prosperity. The report changed the previous term “comprehensively building a well-off society” to the new term “completing the building of a comprehensive well-off society,” which indicates the new orientation of the ruling Party in developing the economy and improving livelihood.[page]
4.Strengthening democracy and the legal system to provide safeguardsfor the realization of human rights
Democracy and the legal system are of great significance to the realization of human rights. After the Cultural Revolution, Deng Xiaoping summarized the pros and cons of China’s experience since the founding of the People’s Republic of China and pointed out that adhering to the development of democracy and the legal system is a firm policy of the CPC. 7 He repeatedly stressed sticking to the policy unswervingly and repeatedly stressed that without democracy there can be no socialism or socialist modernization. He said that without a legal system there can be no socialism or socialist modernization. This has laid an ideological basis for our country to realize the transition from rule byindividuals to the rule of law, and has great significancefor ensuring the healthy development of socialist human rights.
Jiang Zemin put forward the political system reform goal of creating a democratic situation of placing people as masters of the country. He put forward the concept that human rights are concrete and diversified, including not only economic, social and cultural rights but also civil and political rights. In order to ensure the realization of human rights, Jiang also explicitly put forward the idea of governing the country in line with the law, and emphasized the importance of the rule of law to the implementation of human rights. The rule of law has since become a basic strategy for the CPC to lead the people in the governance of the country, maximize the realization of providing legal support for human rights.[page]
Hu Jintao put forward the idea of promoting the development of political civilization construction through comprehensive coordination, emphasizing that human rights are the core and important content of political civilization, and sticking to democratic rule to ensure “power used for the people, love for the people, plans for the people.” The CPC also emphasized the stipulation of human rights in the reform of the political system, adopted a series of corresponding measures, such as expanding intraparty democracy, improving the system of democratic rights,and paying more attention to the important role of the rule of law in the implementation of human rights. The expression that “the state respects and ensures human rights” has been written into the constitution, with many ideas respecting and protecting human rights being elevated into the constitution and other laws.
The report to the 18th CPC National Congress comprehensively planned the reform of the political system. It ensures human rights protection, combining improvement of the democratic system and the rule of law, increasing human rights protection through ensuring all of society the rights to equal participation and development. The report proposed to improve the grassroots democratic system, bring the coordination role of various grassroots organizations into full play and combine governance and grassroots democracy. Bestowing political rights on people shows that the CPC has deepened its understanding of human rights.[page]
5.Properly handling international human rights and creating a favorable international environment for the development of human rights
How to properly deal with human rights issues in international communications is also an important aspect of China’s human rights policy. Since reform and opening-up, the Party’s collective leadership has adhered to the universality and particularity of human rights, acknowledged that the realization of human rights depends on the joint efforts of all countries, and expressed the belief that human rights are closely connected with each country’s economic and social development level. The leadership pledged to respect the reality of human rights development in different countries and oppose interference in the internal affairs of other countries under the pretext of the universality of human rights. Commenting on the viewpoints of “human rights supersedes sovereignty” or “supremacy of human rights,” Deng Xiaoping said that “sovereignty is much more important than human rights.” Jiang Zemin insisted that human rights is within the scope of a country’s sovereignty and opposed interference in internal affairs under the pretext of human rights. He said：“In fact, human rights would be protected by sovereignty, not human rights above sovereignty. No sovereignty, no human rights.”8 He emphasized fair dialogue and international cooperation on human rights.
In the 21st century, considering new developments in the international human rights cause, Hu Jintao proposed international cooperation and dialogue on human rights, as well as a new idea on safeguarding diverse cultures in the world and building a harmonious world. Hu advocated ensuring diversity of human rights culture on the basis of seeking common ground while reserving differences, promoting cooperation and dialogue between different human rights cultures and making concerted efforts to build a harmonious world that includes all kinds of cultures and allows everyone to enjoy human rights.[page]
The report to the 18th CPC National Congress calls for the spirit of equality and trust, inclusiveness and mutual learning, cooperation and win-win result, in order to safeguard international equality and justice. The report insists on the combination of the interests of the Chinese people and other people in the world, a more active attitude toward participation in international affairs and a shared mission to address global challenges. China will push forward the world’s human rights civilization together with other countries on the basis of mutual respect, cooperation and dialogue.
Marxist human rights theory in China has guided the Chinese people to make great achievements in human rights development since the beginning of the reform and opening-up. The theory is a guide for China’s human rights actions and a reference for international human rights development. The theory, an important part of the theoretical system of socialism with Chinese characteristics, helps realize new advancesfor Marxist human rights theory in China.
(The author is affiliated with the Shandong Police College)[page]
1.Ma Junfeng, “Reasonably understanding contemporaneity of Marxist philosophy,”Teaching and Research, Vol. 9, 2005.
2.“Jiang Zemin on domestic and international issues,”People’s Daily, Nov. 2, 1991.
3.Complete Works of Marx and Engels, Vol. 21, the People’s Publishing House, 2003, p. 17.
4.“Jiang Zemin on domestic and international issues,”People’s Daily, Nov. 2, 1991.
5.Jiang Zemin on Socialism with Chinese Characteristics (selected topics), Central Literature Press, 2002, p. 36.
6.Selected Works of Deng Xiaoping, Col. 2, People’s Publishing House, 1994.
7.Ibid.
8.Jiang Zemin on Socialism with Chinese Characteristics (selected topics), the Central Literature Press, 2002, p. 325.
