| The function of subjective rights mainly embodies passive defense and active claim and is developing with the development of the principle of people's sovereignty. It reflects the change of the relations between individual rights and the ruling powers of the rulers from "confrontation" to "request"; the function of objective standardization can effectively coordinate the state power and civil rights, make effective defense and require the state to make offers on the basis of certain objective value. The two functions jointly protect the integration of the basic civil rights in the Constitution, providing space for all-dimensional thinking and development of the Constitutional interpretation of the basic civil rights . The functions can be defined as the concept of protection of the basic civil rights, namely, changing from individual requests to value judgments so as to forming multi-level system of Constitutional protection of the basic civil rights. In detail, we need to distinguish the different levels of the requests upon Constitutional protection of the basic civil rights and clarify the efforts of department laws in standardizing related problems.
Regarding China's practice of ruling by law, though China's current Constitution has abundant stipulations related to the basic civil rights, people will have more claims on rights during the practices with the development of people's subjective initiatives and the improvement of people's economic, political and educational level, and more contents will be included into the system of the basic civil rights. But the Constitution cannot be revised frequently and many new claims of civil rights will be in the predicament of seeking legal protection . However, so long as we persist to the "people-oriented" outlook and respect people's value in a pragmatic manner, we will properly handle these problems.
(The author Zhou Yezhong is Professor of Wuhan University Law School, Councillor of China Society for Human Rights Studies.)
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