Forum pracy nad projektem wskrzeszenia The Forge

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(e) news media


traditional Basic Rights against the state, with the development of large companies, private groups with public property, the infringement of individual internal severity has been increasing attention. To curb and correct the discrimination between individuals, the effectiveness of fundamental rights within a certain range expansion to the private sector trends, the effectiveness of Germany's third theory, the United States, state government behavior, the horizontal effect of the UK Theory and the theory of cause in Japan the academic attention. In the introduction of these extra-territorial basis of the theory, some scholars believe that the situation in our country, should play the role of the Constitution as fundamental law, through the indirect effect of the fundamental rights within a certain range for the private sector to promote the basic rights of citizens more effectively constitutional protection. [8]
(b) constitutional rights
right to freedom of the theory in 2003 was also a breakthrough. Political rights, human dignity, [11] the right to freedom of speech, [12] freedom of the press, [13] freedom of religion, [14] freedom of movement, [15] property rights are based on the study quite original degree of depth. Outside some new rights or constitutional rights, such as the right to life, privacy, right to information, [16] network freedom of speech,[link widoczny dla zalogowanych], the basic areas of human rights Recognition, [17] International human rights conventions and the relationship of our Constitution, Basic Rights trend [18] and other issues have also been varying degrees of concern about the theoretical circle.





(a) changes in the fundamental rights of way
protection of fundamental rights in the course of 2003, various media including newspapers, television, magazines, websites and various media, including the combined effects of maximize the dissemination of information and demonstrated the power of public opinion, both to promote the basic rights of knowledge, awareness and action to expand, but also communication between the government and public contact. Sun Zhigang incident was caused by April 25, 2003, Subsequently, other media such as the Large-scale media coverage, causing the CPC Central Committee Political Bureau Standing Committee, Luo Gan, secretary of Politics and Law Committee and the CPC Central Committee, Political Committee, Ministry of Public Security Minister Zhou Yongkang's attention and make instructions. Hubei Huang Jing case caused public concern forces the use site; hepatitis B patients to collect signatures through the network, to submit proposals to the NPC. TV programs are also actively cooperate to promote knowledge about the Constitution and basic rights.





Protection of the freedom - the progress of basic civil rights protection (under)


(D) international organization is a project on human rights seminars, training and inspection




2003, the relevant international organizations and Chinese research institutions had extensive academic exchanges and training of personnel to the countries concerned Investigation carried out on human rights projects and learning.
different from the past, in 2003 the basic rights of the research method has a greater degree of breakthrough, greater use of legal scholars analysis and sociological analysis, rather than philosophical analysis and analytical methods of political science theory of fundamental rights. One is based on the performance of the constitutional text, structure, order of the overall value of the fundamental rights, to analyze the relationship between rights, conflict and competing, etc.; performance of the two to learn from foreign jurisprudence, the rights of judicial review of standards provided through a variety of methods of constitutional interpretation Remedies; performance of the three basic rights for the sociological focus on empirical analysis. Changes in these methods, only means that the Constitution and the diversity of the transformation of research methods, research also shows that the level of constitutional degree of specialization.

2003 study in the basic rights of another prominent place is the emphasis on basic social rights of the Constitution. These studies, in theory, a distinction between freedom and social differences between the right; social rights of the Constitution attributes and characteristics; social rights of the classification and composition; social issues such as the right to judicial relief. Subordinated to social rights of other rights, such as education, material assistance rights,[link widoczny dla zalogowanych], national rights, the right to strike has gained a certain degree of progress. [10]


the issue of fundamental rights in 2003, one of the key theoretical research. These studies focused on two aspects: First, the basic rights of the Constitution of relief; First, the constitutional rights of judicial relief. The main point is: the fundamental rights of the Constitution is different from the common law right to relief relief, ruling the statute by the executive authorities of the constitutionality of normative documents, and whether the unconstitutional provisions of the judiciary to achieve, the ruling body and the pattern was country to country; as a right, fundamental constitutional rights must be relief through legal channels, in order to realize the right features. [9]
practice a variety of fundamental rights protection of fundamental rights has greatly promoted the active and in-depth theoretical studies. In 2003, more than theoretical research on fundamental rights and activities associated with these disputes. And showed characteristics of the following aspects.
study of low level of basic constitutional rights, the academic content of the grasp of the concept of the term is not very clear. Scholars have conducted research on, [6] that the fundamental rights of citizens under the Constitution, also known as constitutional rights, it is different from common law rights is the basic political rights of individual countries, but also prevent the state as violations do not as a way to fundamental rights. Therefore, different from the general rights of citizens between the infringement is not the subject matter of the Constitution, the Constitution is the fundamental rights of the corresponding country. This, in theory, constitutional rights and further clarified the boundaries between ordinary law, defined the constitutional rights of the relief channel and remedies, to provide appropriate practice provides a theoretical basis for judicial relief.
2003 年 March 10 to 11, organized the CASS Institute of Law, right. Participants, including Sweden, Austria, Spain, United Kingdom,[link widoczny dla zalogowanych], Greece, Ireland, and the Chinese Supreme People's Court and domestic research institutions and universities and scholars. Chinese papers League finishing.
(e) basic constitutional rights of the proceedings and relief
whether it is related to the resettlement of vagrants and beggars, housing demolition, or issues such as extended detention, are fundamental rights involved in the theoretical limit of the problem. How the Constitution limits the fundamental rights theory to further explore the subject, conditions, limits and review of the theory of fundamental rights as problems to be solved. Can be limited to the basic rights? Who restrictions? Restricted to what extent? Who will review? And other issues, some scholars believe that the basic constitutional rights, though, is the highest,[link widoczny dla zalogowanych], but not not limited; practice, countries have adopted the relative constitutional protection of fundamental rights doctrine, but not absolute. Thus, the basic rights can be restricted, but only to be restricted by law. Here the law must be narrowly passed by the legislature in accordance with the legislative process generally binding normative documents, rather than the executive or local authority established by generally binding regulations. The essence of fundamental rights of the Constitution only by consent of the people by the people can enact laws restrictions. Basic rights must be with the national security interests of the community, emergency, individual rights can be restricted only in conflict; basic rights to be limited restrictions; If you exceed a certain limit, then the restrictions must be reviewed. [7]
2003 年 9 to 20 October, the Norwegian Centre for Human Rights, the Raoul Wallenberg Institute of Human Rights and Humanitarian Law, the Danish human rights institutions and the CASS Institute of Law co-hosted the Advanced Seminar, Study is to

(f) social rights
(d) the effect of fundamental rights

2003 年 9 months to December, Cultural and Education Section British Embassy organize training courses of international human rights law, human rights law courses to the United Kingdom. Legal exchanges between the United Kingdom since its inception, Cultural and Education Section British Embassy has been actively committed to promoting the Sino-British cooperation in the field of legal and judicial reform, exchange and cooperation. This is the British criminal justice in law, including reform of the law of evidence, women's rights law, administrative law,[link widoczny dla zalogowanych], police training, legal assistance, cooperation in the field of international human rights law in one.
Third, the development of fundamental rights theory
(g) the right to freedom
(c) the restrictions of fundamental rights

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