LI Haiping* & XING Tao**

 

Abstract: The incorporation of human rights clauses into the constitution has propelled the innovation of fundamental rights hermeneutics in terms of the subjects of the legal relationships of fundamental rights, the nature of fundamental rights, the forms of state obligations, the scope of fundamental rights, among other aspects. Regarding the subjects of the legal relationships of fundamental rights, human rights clauses have expanded the subjects of fundamental rights from citizens to natural persons. They have also narrowed down the duty-bearing subjects directed by fundamental rights in clauses that do not define duty-bearing subjects from all entities to state public power. Additionally, in fundamental rights clauses that stipulate private entities as duty-bearing subjects, the duty-bearing subjects have been narrowed down from all private entities to social public power entities. In terms of the nature of fundamental rights, human rights clauses have endowed each specific basic right with dual characteristics of the right to respect and the right to protection. Regarding the forms of state obligations, human rights clauses have established the state obligations corresponding to each specific basic right as obligations to respect and to protect. In terms of the scope of fundamental rights, human rights clauses do not have the function of independently justifying unenumerated fundamental rights, but they can assist other clauses in justifying unenumerated fundamental rights, thereby expanding the scope of fundamental rights to a limited extent.

 

Keywords: human rights · fundamental rights · state obligations · unenumerated fundamental rights