Research on the Constitutional, Historical and Practical Logic of the Chinese Path of Human Rights Development

— From the Perspective of the Inclusion of Human Rights Clause in the Constitution

FAN Jinxue

Abstract: The inclusion of the human rights clause in the Chinese Constitution is a concern and expression of the spirit of the Constitution, which has laid the institutional regulations of the fundamental law for the development of human rights in China, provided the principles and value norms of the highest level of effectiveness for the legal protection of human rights, and built a profound constitutional basis for the formation and improvement of the Chinese path of human rights development. The human rights clause is not only a summarization and affirmation of the historical practice of Chinese human rights development under the leadership of the CPC, but also a new starting point for the development of human rights in China under the leadership of the Communist Party of China (CPC). It marks that the development of human rights in China has entered a new era. The Party and the state have finally embarked on a path of human rights development with Chinese characteristics by formulating and implementing the Human Rights Action Plan of China, eliminating absolute poverty through the national poverty alleviation campaign, and promoting human rights protection through the rule of law.

Keywords: inclusion of the human rights clause in the Constitution · regulations on fundamental rights · Chinese path of human rights development · historical logic · practice logic