"两个人权公约"与我国人权宪政体制的整合

加入"两个人权公约"使我国面临着人权宪政体制与"两个人权公约"的整合问题.在人权宪政理念上,需要对关于人权的传统主流观念重新审视;在人权宪政规范上,以加入"两个人权公约"为契机,修正我国宪法公民基本权利的某些条款,重构我国的人权宪政体制;在人权宪政的运作上,对两个人权公约采取保留、克减措施,发挥我国宪法解释机制的功能,同时,以宪法的司法化为前提,以"两个人权公约"作为我国司法审判的直接依据并建立宪法判例制度.可以预见,21世纪经济全球化趋势必将促进我国宪政人权制度国际化的进一步发展.

The Two Human Rights Conventions and Integration of China's Systems of Constitutionalism of Human Rights

The problem facing us when China joins in the two conventions on human rights is the integration of our systems of human rights on constitution and two conventions on human right. In concept of constitutionalism on human rights, we need re-observe the traditional mainstream sense of human rights. In norm of constitutionalism on human rights, taking the opportunity of joining in the two conventions on human rights, we need amend some clauses in China's constitution concerning basic rights of citizens and restructure our systems of constitutionalism on human rights. In implementation of constitutionalism of human rights, we should give full play to our constitutional interpretation system. Meanwhile, with judicialization of constitution as a prerequisite, we should conduct our judicial activity directly based on the two conventions and establish a system of constitutional cases. It can be predicted that the trend of economic globalization in the 21st century will necessarily advance the internationalization of China's systems of constitutionalism of human rights.