2017-2018's Second Semester's Fourth Paper Workshop Series Activities was successfully held

Translated by Zhu Wenting, 2018.4.24

On the afternoon of April 10th, 2018 (Tuesday), the Fourth Paper Workshop of this semester was held in the Law School's Room 220. This reporter is Prof. Xu Jiqiang from Law School and the title of the report is “The Standards of Personal Rights and Its Implementation Path in the Constitution”. Law School's teacher Zhang Shufang, Xu Jian and Wang Yuhuan participated in as reviewers, Ge Weijun, Yao Shaojie and other teachers and thurber students also were participants.

Teacher Xu Jiqiang briefly introduced the research background of this essay in the beginning which is about the compilation of the General Principles of China’s  Civil Law is in full swing at present. During the compilation, should Right of Personality be compilated independently becomes the focus of disputes. Because Personal Right is the important part of the Constitution norm system in fact, it makes great sense to discuss about it.

Constitutional stipulations and guarantees on human dignity and citizens' dignity has always been the core issues of modern democratic constitutionalism. Teacher Xu Jiqiang first gave a brief explanation and analysis on Right of Personality in our Constitution Law. At present, the main dispute in hermeneutics focuses on Article 38 of the Constitution, which is about the constitutional status, the normative nature and the scope of its validity of this Article? In light of these three issues and their interrelationships, there are three major points of view in the academic world currently, teacher Xu Jiqiang explained this one by one.

Afterwards, teacher Xu Jiqiang gave a detailed introduction to the normative structure of Right of Personality and corresponding doctrines in the German Basic Law. In the German constitutional system, human dignity is the core of the entire value system. General personality rights and other basic rights that are widely associated are composed of interconnected normative and logical structures which is very different from China’s constitutional system. Teacher Xu thought the right to equality should be the core value of our constitution combined with our current constitutional provisions and the specific historical background of our country. But according to the difference in the constitutional guiding ideology, the theoretical basis, the way of thinking, the constitutional provisions and the normative structure between our Constitution and  German constitution, how to interpret and apply the Right of Personality clause of the China’s constitution is an urgent issue for the Constitutional scholars in our country. Teacher Xu advocated that we can extend the Right of Personality clause to more constitutional fundamental rights clauses through empirical connections rather than relying on the use of textual or normative logic arrangements as in Germany.

Teachers and students at the scene listened carefully to Teacher Xu Jiqiang’s sharing and several teachers made brief comments and discussions on the content of this report from different perspectives. Teacher Xu Jian took the relationship between Article 6 and Article 15 of the Constitution as an example to further emphasize the importance of defining programmatic clauses who thought that the positioning of a specific clause needs to be discussed under the structural system of the entire constitutional norms. Teacher Zhang Shufang believed that further improving China's top-level design after the 19th National Congress is the current background of politics, under this background, this study about Right of Personality is of great practical significance. In the meantime, she thought it more appropriate to revise the Right of Personality in the title of this essay could be revised into personal dignity because this article mainly analyzed the terms of personal dignity. Teacher Wang Yuhuan thought the path of application of China’s Right of Personality in the Constitution Law should not be copied Germany completely through the development process of the role of the Constitution Law, instead, it should expand the norms of human dignity in our Constitution Law to more constitutional and fundamental rights based on practical experience. At last, Teacher Yao Shaojie suggested a corresponding comparison between human dignity and equal rights from the standpoint of individualism and holism can be made and Teacher Xu Jiqiang gave a detailed answer to everyone's comments.

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Published:2018-04-24 Hit:346

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