"以人为本"之法理探究

自改革开放以来,我国的人权状况有了非常大的改观,然而,在看到进步的同时,我们不能忽略我国人权问题上的不足.我国人权依然存在立法上的不足,以及行政、司法过程中实现不力的问题.本文试图从人的权利的来源,人的权利与国家权力的关系出发,重申人权与国家权力的正确逻辑方向,从而为"以人为本"探求法理支撑.

Nomological Research on "Human Standand"

Chinese human rights situation has changed its appearances a lot since the policy of reformation and opening was in the air. However we must not neglect the deficiencies still exist on the difficult problem when we notice the advancements. Legislative insufficiency and incomplete exertion in course of administration and judicature are still puzzling us. The author starts with the origin of human rights and the relationship between human rights and public power,reaffirms the correct logic between them,restates that the only legitimate basis of public should be human rights but not oppositely.