The Idea of Human Rights in the Chinese Legal System
The Idea of Human Rights in the Chinese Legal System

Author(s): Li Yuanjun
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Human rights; Human rights theory; Chinese legal system; Human rights protection; International human rights law;
Summary/Abstract: The modern human rights theory was proposed by Europeans, instead the thousands-year-old features of Chinese culture focused on the obligations of people and the collective interests that shaped the value of human rights in socialism with Chinese characteristics in ancient Chinese legal system. These differ from western individualism and the rights-oriented idea, but they also influence the development of Chinese human rights theory. In the Chinese modern legal system, especially the amendment of the Constitution of the PRC in 2018 and the adoption of the Civil Code of the PRC in 2020 there is a lot of modern development in Chinese domestic human rights. China’s cooperation in international human rights protection is even more obvious to all. Although, there are still issues in developing human rights in the Chinese legal system, such as expanding free speech, abolishing the death penalty etc. Meanwhile, some factors such as citizens’ will, economic environment, and personality of the leader of China should be taken into account when evaluating the future institutional order of Chinese human rights by explaining current situations China faces. China and any other countries are supposed to continuously explore the theory of human rights, to strengthen human rights protection, and to absorb the parts that other countries or regions have done well in human rights. And we need to promote the advancement of international human rights laws and ensure their implementation, making them work smoothly and effectively to create harmony and dignity for the international community and human beings.

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