On the Concept of “Basic Rights and Interests” in Recordation Review

LIN Dong

Abstract: The concept of “basic rights and interests” in the recordation review system serves as a key to understanding the mixed use of review standards by the review authorities. The essence of the “basic rights and interests” concept is the value foundation established by the community for individuals, playing a legitimizing role in the actual operation of the state power system. Through the method of “triple abstraction,” the substantive construction of “basic rights and interests” can be achieved. Ensuring the “basic rights and interests” of citizens can effectively fulfill the functional purpose of the recordation review system. The diverse human rights norms in China’s legal system are the formal carriers of basic rights and interests, which can be categorized into four types: human rights norms in policies, human rights norms in the Constitution, human rights norms in departmental laws, and human rights norms in social and cultural consensus. By examining the interactive connections of these diverse human rights norms, citizens’ “basic rights and interests” can be organized into such five categories as survival care, democratic participation, cultural education, well-being development, and ecological harmony. The protection of “basic rights and interests” depends on the review authorities’ application of the “basic rights and interests” concept to conduct mixed reviews of relevant normative documents. The application method should be based on the principles of integration, effectiveness, entirety, and harmony.

Keywords: recordation review · “basic rights and interests” · human rights norms · review principles