It strengthens the legal foundation for ensuring human rights from the following five aspects: firstly,to highly publicize political and moral foundation of law from the view of principle and enhance ideological consciousness to guarantee human rights;
The basic intension of Jiang Zemin's dialectical view of human rights and the sovereignty are that state sovereignty is prerequisite and guarantee for the people of one country to fully enjoy human rights, respecting and ensuring human rights is inherent demand of developing socialism democratic politics, building socialism political civilization.
handle the relation between carrying out 'strike-hard' policy and ensuring human rights well,make great efforts to improve law-executor's constitution consciousness ,procedure consciousness and the consciousness that instruct the judicial work with harmonious society idea.
The conflicts between the opposition of penalize crime and safeguard human rights,Chinese tradition law culture and Western modern law culture,judicial cost sufficiency and judicial resources limitation are the nomological origins of the criminal prosecution value conflicts.
The author holds that, according to the constitutionalism requirements of "limited government" and "right safeguard", a judicial review system should be established in our country to regulate and check the power of investigation and procuratorate through performance of judicial writ and exclusion of illegal evidence,so as to realize the target of the article in our constitution - "to safeguard human rights".
In the 2004 constitutional amendment,"the country will revere and safeguard human rights"is entered in the constitution,which has provided the solid rationale and the basis for the personal property rights safeguard.
But because of various reasons, new criminal procedural law still have certain distance from world standard on the guarantee of human rights, and should be reformed and perfect further to make it hit crime efficiently and also be able to ensure human rights better.
(Setting) up the nationwide unified social guarantee system including peasants, the (more) (important) thing is to abolish the obstacle idea, focus on people first, (respect) and ensure human rights, structure the (harmonious) (society) and improve the ability of administration.
In order to realize the important task proposed at the 16th National Congress of the CPC, "Develop socialist democracy politics, construct socialist political civilization", it is needed to strength restriction and supervision to nation power effectively, further perfect our demonic congress system, respect and ensure human rights, promise the wide right and freedom owned by dumb millions.