论基本权利的发展趋势

基本权利是宪法的核心和关键,是宪法的生命和价值所在,是宪法之所以成为根本法的原因.通过历史和实证分析,探讨近代宪法和现代宪法在确认和保障公民基本权利方面的若干发展趋势,即由自由权发展到社会权,由法律保障发展为宪法保障,由国内保障发展为国际保障.基本权利的这些发展趋势对我国的宪政制度建设提出了若干引人深思的问题.

On the Trend of Constitutional Rights

The constitutional rights are both the key and focus of any constitutions.And that is reason why they would be called constitution.This paper deals with the topic by historic and positivistic method.And then gives the answers of the trend of development of constitutional rights.The trends are from safeguarding the rights of liberty to safeguarding the rights of existence,from ensuring the rights by law to that by constitution and from ensuring the rights by the state government to that by the international organs.This tendency brings on a lot of issues for us to overcome on the way to constitutionalism in our China.