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人权的发展,从人权思想到人权理论再到人权制度,经历了漫长和曲折的道路,但其一旦被确认,人们便达成了一项基本共识:人权的保护主要是国家(政府)的基本义务。有权利必有义务,国家拥有权力因此也必须承当相应的义务,如违反义务则需要承担相应的责任。基于历史演进、人与国家关系、国家的国际法义务的考察,通过国家保障人权的国家义务的转变的展现,可以发现国家尊重和保障人权、积极履行人权保障义务,才能保证国家权力的正当性,国家保障人权是最佳人权保障机制。
The human rights development has gone through a long and tortuous path from human rights thinking to human rights theory to the human rights system. However, once it is confirmed, people have reached a basic consensus that the protection of human rights is mainly the basic obligation of the state (government) . The rights and obligations must be obliged, and the state has the right to bear the corresponding obligations as well. If the obligations are violated, the corresponding responsibilities need to be borne. Based on the historical evolution, the relationship between man and state, the inspection of the state’s obligations under international law and the manifestation of the change in the state obligation to protect human rights by the state, the state can guarantee the guarantee of the legitimacy of state power by respecting and safeguarding human rights and actively fulfilling its human rights guarantee obligations. National protection of human rights is the best safeguard of human rights.