On the Absorption and Transformation of International Human Rights Treaties in the Legislation of China

LIU Huawen*

Abstract: The 20th National Congress of the Communist Party of China called for the coordinated advancement of domestic and foreign-related rule of law, using sound legislation to promote development and ensure good governance. The legislation of China, grounded in the national conditions, involves absorption and transformation of ratified international human rights treaties as well as drawing reference from those not yet ratified, and constitutes a significant practice in foreign-related rule of law. This concerns not only the earnest fulfillment of obligations under international treaties but also the organic integration of international human rights standards with domestic law under the guidance of China’s contemporary outlook on human rights. During the process, China upholds the leadership of the Communist Party of China, emphasizes the people-centered approach, adheres to its actual conditions, maintains the initiative and puts things into its own use, advances its path of democracy and rule of law with Chinese characteristics, so as to realize the creative transformation, and meanwhile, with a global vision, China promotes international cooperation, expands foreign aid, actively participates in global human rights governance. This is a progressive and dynamic process. The legal system of China on human rights protection has been fundamentally established and will continue to be improved, with significant progress in the absorption and transformation of international human rights treaties. It will become more detailed and systematic as well as more creative and internationally influential.

Keywords: international human rights treaties · foreign-related rule of law · domestic legislation · relationship between domestic law and international law · domestic implementation of treaty