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HAN Dayuan: On the Relationship between National Security and Human Rights in Chinese Constitution
September 12,2019   By:
On the Relationship between National Security and Human Rights in Chinese Constitution
 
HAN Dayuan
 
China
 
Abstract: Counter-terrorism, de-extremization and violence are major challenges that the international community is facing. Terrorism undermines the constitutional order, endangers human life, freedom and security, and it is the archenemy of human rights protection. Human rights are a "great term". Safeguarding human rights is not only the obligation of modern countries, but also the core value of countries under the rule of law. The effective protection of human rights is based on the establishment of a good constitutional order and national security. If there is no order, security and stability, there will be no good environment for guaranteeing human rights. 
 
The important function of the modern constitution is to establish a balance between order, stability and human rights. In practice, modern constitution is supposed to adjust the imbalance of the three parties, to incorporate possible conflicts into the constitutional norm system, to maintain order and human rights normative structure, and to provides the basis for the country in order to realize its constitutional function . In the face of the severe threat of terrorism to the value of human rights, all countries in the world are re-examining the value of human rights and order, and seeking mechanisms and procedures to balance the relationship between them through the constitution. Due to the differences in constitutional system, cultural tradition and religious culture in different countries. each country has its own concepts and understandings of human rights. However, there is one thing in common, that is, anti-terrorism and human rights protection are not contradictory and can not be opposed to each other. 
 
We should establish a security-based human rights concept and a human rights-based security concept. Also, we should construct a dynamic proportional principle of anti-terrorism and human rights protection, and endue the traditional proportional principle a flexible and rich value connotation The "State respect and protection of human rights" stipulated in the Chinese Constitution has become the basic consensus of the society. How to balance national security and human rights protection is a major issue to realize the goal of the rule of law and safeguard the core values of the country. Although violence and terrorism pose serious challenges to the development of Chinese society, China is working hard to implement the constitutional principles of human rights protection with an open, confident and tolerant attitude, and actively explore new experiences of balancing human rights and national security to promote the development of human rights in the world.
 
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