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9 - Personal Dignity under Chinese

Constitutional Law

Published online by Cambridge University Press:  26 July 2022

Jimmy Chia-Shin Hsu
Affiliation:
Academia Sinica, Taipei, Taiwan
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Summary

As a response to the totalitarian monstrosities of the dehumanization of hundreds of millions of people in the Cultural Revolution, human dignity was enshrined in the Chinese Constitution, not only as a foundational right but also as a basic principle. The basic rights that are necessary to implement this basic principle were all enshrined in the Constitution. China has made notable progress in protecting the nonpolitical dignity of Chinese citizens by means of civil, criminal, and administrative law. However, constitutional principles and rights in China are not justiciable, which together with other factors, such as the nonexistence of a robust tribunal of public opinion, has led to the fact that the political dignity of Chinese citizens – something that is essential to their independence and autonomy — however remains unprotected in practice. There is still a long way to go for China to transform the constitutional dream of inviolable human dignity into a reality.

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Human Dignity in Asia
Dialogue between Law and Culture
, pp. 220 - 242
Publisher: Cambridge University Press
Print publication year: 2022

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