“人权”不能仅仅是“入宪”——“黑砖窑”事件对宪法基本人权保障机制的启示

2004年的宪法修正案将"国家尊重和保障人权"写入宪法,意义重大.但"黑砖窑"事件启示我们,"人权"仅仅写入宪法不是宪法修正的目的,其目的应该是保证该条款的在现实生活中得以实现.文章认为,宪法基本人权保障机制最关键的是三个环节:立法保障是事先保障、实体保障;违宪审查是事后保障、程序保障;社会舆论监督是体制外保障、是整个机制的基础.

"Human Rights" Cannot Be Merely "Write Into Coustitution"

The constitution amendment in 2004 has great significance for which put in the clause "the government respects and protects human rights". But "black brickkiln" case reveals that the objective of amending constitution is not just write something into it but the realization of the clause in real life. How to guarantee the realization of basic constitutional human rights Different scholars have different opinions. This thesis holds that there are three key sectors in the protection mechanism of basic constitutional human rights: legislation guarantee is prior and entity guarantee; constitution violation checkup is subsequent and procedural guarantee; supervision of the public opinion is outside-system guarantee and the basis of the whole mechanism.