On the Value of Legalization of Political Participation for Protecting Human Rights
- By Chen Youwu
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E-mail China.org.cn, September 12, 2013
II. Legalization of political participation is an important part of the rule of law
Human rights is a criterion for the rule of law. We must protect human rights if the rule of law is prevalent, so we must promote human rights protection if we want to promote the rule of law. Based on this, the legalization of political participation is promoting and perfecting the rule of law and human rights protection at the same time. Article 5 of the Constitution stipulates that the People's Republic of China practices the rule of law and tries to build a socialist country under the rule of law, and the state upholds the uniformity and dignity of the socialist legal system. The rule of law has since been written into the constitution as a strategy to run the country, which symbolizes China's advancement into a human rights-protecting country and society under the rule of law. Looking from the basic requirements of rule of law, we should have laws to go by in each and every aspect of our social life and production and act upon these laws and regulations. Among them, to regulate political participation is a basic requirement of rule of law and also its basic function.
1. Political participation should be regulated by laws
In a political society, people are inevitably involved in politics. In different historical periods of any country, the people would relate to the politics directly or indirectly through political participation, and influence the political process to various extent. Historically speaking, the people's participation in politics is an objective historical process, which cannot be changed by anyone's will. What is different is that the citizens' political participation was not approved or even forbidden by law and could not get legal support in monarchy or dictatorship while in a society ruled by law political participation is generally approved and regulated by law. As was pointed out by some scholars, as the people would inevitably become the subject of political activities, the country must formulate basic laws and regulations for political activities by citizens and social organizations. Especially under the consensus of ruling the country by law established in contemporary China, to regulate political participation is undoubtedly one of its important connotations.
Nothing can be accomplished without norms or standards. Without laws and regulations, political participation have no laws to go by, and lack a legal basis. This makes it full of uncertainty, which would not only dampen the people's enthusiasm to participate in politics, but also give a blow to those who already have. This may also trigger social instability due to its easy qualitative changes, which may affect the realization of its functions. The blind and highly enthusiastic political participation during the Cultural Revolution full demonstrates this point. To ensure an orderly, healthy and steady development of political participation, it should be regulated by laws and return to the track of the rule of law.
Laws are what regulate political participation, and political participation should go by laws. Normal political participation behaviors should be based on laws. Political participation can be adjusted by such legal papers as the Constitution, relevant laws and administrative regulations. For example, Article 2 of the Constitution clearly stipulates that the organs through which the people exercise state power are the National People's Congress and the local people's congresses at different levels. The people administer state affairs and manage economic, cultural and social affairs through various channels and in various ways in accordance with the law. This is the constitutional basis for our citizens to participate in politics and also for various laws and regulations about political participation.
The laws to regulate political participation should not be invariable, but change based on the development and changes of our economy, politics and culture. For instance, the "four major participation ways" stipulated in the 1978 Constitution have been canceled for they don't suit the needs of social development.
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