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第四次宪法修正案将“国家尊重和保障人权”写入宪法,首次将“人权”由一个政治概念提升为法律概念,将尊重和保障人权的主体由党和政府提升为“国家”,从而使尊重和保障人权由党和政府的意志上升为人民和国家的意志,由党和政府执政行政的政治理念和价值上升为国家建设和发展的政治理念和价值,由党和政府文件的政策性规定上升为国家根本大法的一项原则。人权的政治法律地位的确立是社会主义人权发展的重大突破,是人民民主宪政和人权法律保障的重大发展。我们要变宪法原则为实际行动,在现实中切实作到尊重和保障人权。
The Fourth Amendment incorporates the “State’s Respect and Guarantee of Human Rights” into the Constitution. For the first time, “constitutional rights” have been elevated from a political concept to a legal one. The main body that respects and safeguards human rights has been promoted by the party and the government as a “state,” thus So that the respect and guarantee of human rights will be raised from the will of the party and the government to the will of the people and the country. The political ideas and values of the party and the government governing and administration have risen to the political ideas and values of the state’s construction and development. The political and ideological values of the party and government documents, Provisions to rise to a principle of the country’s fundamental law. The establishment of the political and legal status of human rights is a major breakthrough in the development of socialist human rights and a major development of the people’s democratic constitutionalism and the legal protection of human rights. We must change the principles of the constitution into practical actions and effectively implement the principle of respecting and safeguarding human rights in reality.