改革開放以來法治與人權關係的歷史發展

The Historical Development of the Relationship between Rule of Law and Human Rights since the Reform and Opening up

改革開放以來，法治與人權關係的歷史發展大體經歷了分離、結合與融合三個歷史階段。在上世紀早期法治實踐之中，法治與人權在十年左右的時間內處於分離狀態，無論在理論研究還是在實踐之中法治與人權都未建立有效關聯。上世紀九十年代伊始，以1991年《中國的人權狀況》白皮書、黨的十五大報告、“國家尊重和保障人權”入憲為標誌，法治與人權由分離向結合轉變。此時，法治與人權在理論層面或實踐層面都互有所指，處於價值互涉的狀態。以黨的十八大尤其是十八屆四中全會為界，法治與人權趨於融合。由此開始，法治的人權保障價值與人權的法治保障方式高度融合，處於無法隔離的狀態。

The historical development of the relationship between rule of law and human rights has experienced three historical stages: separation, combination and fusion since the reform and opening up. the rule of law and human rights had been in the state of separation for ten years in the practice of rule of law in early last century, effective association has not been established neither in theoretical research nor in the practice of rule of law and human rights. At the beginning of the 1990s, in 1991, “China’s human rights situation” white paper, the CCP 15th congress report, “the state respects and protects human rights” being incorporated into the constitution are the symbols for the rule of law and human rights developing from separation to combination. At this time, the rule of law and human rights in theory or practice level are inter-related. The rule of law and human rights tends to merge together from the CCP 18th congress, especially the fourth plenary session of the CCP 18th congress. Thus, the rule of law value and the value of protecting human rights are highly merged together.