The evening of October 19th，Dean of the School of Law, Southwest University of Political Science and Law、Doctoral Supervisor、Professor Chen Zhonglin, a representative of the National People's Congress, gave an academic report entitled "Research on Human Rights Issues in Criminal Law" in the 101 Lecture Hall of the Law School。The report was changed to an associate professor。

    This report implements what Professor Chen put forward at the "International Forum on Contemporary Criminal Law" not long ago，Relevant theoretical viewpoints on criminal law and human rights issues explained with its unique logical reasoning。Professor Chen mainly discusses the concept and scope of human rights，Content of human rights、Methods and Modes，Expounded his own views on the relationship between sovereignty and human rights and the absoluteness and relativity of human rights。

    First，Professor Chen put forward a unique perspective that is different from today’s mainstream legal theory。He pointed out，bet365 live online casinoThese theories ignore the independence of legal practitioners in the process of understanding the law、Autonomy and creativity。The only way to solve this problem is to be reasonable when speaking，Talk about common sense、Common sense and common sense，This is also a basic principle that Professor Chen repeatedly emphasized in subsequent lectures，He believes that lawyers can only understand the law from common sense，Understand the law with reason，Rather than resisting the law，Only to become a real person，Otherwise it can only be a tool of the law。

    Continue，Professor Chen gets to the point，Start discussing human rights theory。He first pointed out that criminal law is a law that deprives human rights to a certain extent，Not a law to protect human rights。This needs to explain clearly what human rights are。Professor Chen believes that human rights are the core concept of the legal system，All legal activities revolve around human rights，And our understanding of the nature of human rights、The foundation and premise are not clearly defined。Professor Chen gave a new definition of human rights，We believe that human rights are the needs of everyone that are generally felt by people in a certain society and that this society can actually meet。Professor Chen clarified this concept from two aspects。First, from the perspective of human being，Human rights are essentially a need of human beings，It is the requirement of human nature。The answer to human nature can be found in the two basic characteristics that distinguish humans from animals: one of the characteristics is that human needs are insatiable in terms of content，It is this insatiability that drives the progress of human society；Another feature is the need to satisfy the particularity of the method，Anyone can only satisfy his own needs in a way that others can tolerate。People must be restrained by society，This is the limit of the most basic obligations。The second aspect is based on the actual situation of society，The satisfaction of human nature requires the recognition of others，And this recognition is determined by certain Bet365 sportsbook reviewsocial conditions。The most important thing is economic conditions。Except economic conditions，Political and cultural aspects，You must also meet certain conditions，That is, society can make everyone generally feel that society treats everyone as a human being，That is, the universality mentioned in the United Nations Declaration of Human Rights。

    Then，Professor Chen elaborated on the content of human rights。First，Human rights content is universal，That is, human rights have common values ​​and goals in every society；Secondly，Human rights evolve over time，is a gradually achieved goal，It is the highest common aspiration of people of all countries；Last，Human rights content is diverse，In different countries and places，What society can actually provide is different。At the same time，Professor Chen pointed out，What kind of human rights each country should have depends on the situation of each country，He found basis in some United Nations human rights documents，For example, it stipulates that "peoples of all countries have the right to self-determination"，And "Relevant regulations in third world countries regarding foreigners' actual enjoyment of human rights in their own countries", etc.，It is extremely beneficial to prove that human rights do not have a unified content and implementation mode，Every country develops human rights according to its own actual situation。

    Subsequently，Professor Chen also analyzed the relationship between sovereignty and human rights。Professor Chen pointed out that the relationship between sovereignty and human rights should be used to deal with international and domestic relations，Two standards should be followed。In international relations，Sovereignty should be higher than human rights。On human rights issues，No country can put its own understanding of human rights、The implementation methods and content of human rights are imposed on other countries，National sovereignty is supreme，People of all countries enjoy their own right to national self-determination，Any country forcibly uses economic sanctions and armed intervention to bet365 casino live blackjackaccuse other countries of human rights，This is a huge violation of human rights。But in domestic relations，Human rights should be higher than sovereignty。Because the protection and development of human rights should be the sole purpose of the state's existence。

    Last，Professor Chen also discussed the absoluteness and relativity of human rights。He believes that it is very wrong to regard human rights as absolute things，But Professor Chen pointed out，Human rights do have their absolute character，That is, a country will never be allowed to act without reason、Depriving a citizen of his rights without legal basis。Under this premise，Human rights have their relativity。Human rights are more than just rights，It is still an obligation，As stated in the United Nations Declaration of Human Rights，“Everyone has the obligation to ensure the implementation of human rights in this Convention”。Professor Chen pointed out that human rights can only be deprived under two conditions，One is within the scope determined by law，The second is that the premise of legal determination is to ensure that the same rights of other citizens can be implemented。This is why criminal law can deprive people of their basic rights。Next，Professor Chen discussed the relativity of human rights in detail from three aspects，The first is that human rights are hierarchical，That is, human rights can be divided into relatively important and relatively minor，For example, the right to life is relatively higher than the right to property，Security rights are relatively higher than political rights，It can be said that the lower the class, the more basic rights are more important，Therefore，It is legal to harm less important rights in order to protect more important rights，The embodiment of this in criminal law is emergency avoidance。The second is the difference in quantity，One person’s life is not equivalent to the lives of ten people，Because human life can be measured in quantity，Things that can be measured in quantity are comparable in quantity。The third is the qualitative difference。The same life and property also have qualitative differences。If life is equally important，There bet365 best casino gamesis no need for self-defense in criminal law。

    Last report，The students spoke and asked questions enthusiastically，Professor Chen gave answers and responses one by one。Associate Professor Yu Gaizhi gave a brief summary。The lecture ended with warm applause from the students。

[Graduate School of Law