Dissertation > Political, legal > Legal > Chinese law > Theory

Walkers’ Dignity

Author WangLinZhi
Tutor WenZhenKui
School Jiangxi Normal University
Course Legal Theory
Keywords Human Rights Right to W.C Justification
CLC D920.0
Type Master's thesis
Year 2013
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In China’s social development, the issue of civil rights is increasingly important,especially after three decades of reform and opening up, unprecedentedly, there are anincreasing number of higher demands for national law’s recognition of civil rights.Faced with these demands, the state not only has to screen and confirm civil rightclaims, but more importantly, has to establish a comprehensive and long-termmechanism of rights, that is, institutional guarantee which turns the fundamental value-keeping dignity and freedom that lies behind the civil right claims-from its naturalstate to actual form of institutionalized security. Therefore, based on social reality, touncover the issue of human rights, to explore spiritual values of human dignity and topromote the institutionalization of human rights are quite important in terms ofdeveloping and opening up a new era of the course of China’s human rights. Thethesis is going to discuss and explore the spiritual value and the institutionalizedmechanism of Chinese citizens’ Right to W.C.This thesis consists of five chapters as follows:The first chapter is the preface part, which illustrates the theoretical basis andpractical experience that the thesis is based on, interprets the academic value andpractical significance of the selected topic, and sketches out a relativelycomprehensive picture of wording to develop the topic, with the perspectives ofresearch background, research status, significance and innovation of the thesis and theideas and methods of writing.The second chapter is the further inquiry of walkers’ Right to W.C. It centers onwhether the walker has Right to W.C. To start with the embarrassing dignityexperience of walkers’ frequent in access to the toilet in China, the author analyzes thereason that causes the situation and concludes that it is essential for walkers toadvocate Right to W.C. in three aspects: the urgency of protecting walkers’ Right toW.C., the concept of dignity that man is the purpose, and the opinion that Right toW.C is the real vehicle to assure the dignity of walkers.The third chapter is the legitimacy of walkers’ Right to W.C. with three parts.The first part is to justify the morality of Right to W.C. by the value of human dignity,the origin of human religion and Chinese people-based thought. The second part,starting from an experience summary from the self-reflection of human society andthe theory of rights-based social relations, the thesis fully demonstrates that Right toW.C. has great social basis. The third part verifies the legal basis for Right to W.C. bythe basic principles of the Constitution as well as domestic and foreign human rightsdocuments and legal literature. In general, those parts are inherently connected, comprehensively presenting strong ethical, social and legal support, thus justifying thelegitimacy of Right to W.C.The fourth chapter is on the content of Right to W.C, including two parts: thefirst part shows the connotation of it. Starting with the theory of five elements ofpower, the author respectively expounds the interest, assertion, entitlement, power andfreedom of Right to W.C.-five elements in all to explain the connotation. The latterpart is about the legal components and the property of Right to W.C. Based on theconnotation, the subject; the object and the content of Right to W.C. are inferred.Besides, from its natural and social attributes, the universality and morality of Right toW.C is demonstrated.The last chapter is about the realization of Right to W.C. in the sense of publiclaw, consisting of three parts. The first part confirms the state’s role in respecting,promoting and ensuring walkers’ dignity and their Right to W.C. In other words, thestate should establish legislative guiding ideology that regards human dignity as thehighest value, and further improve the legislative public service system, based onwhich, the state may explore a set of relief mechanisms on Right to W.C. as well,setting public interest litigation as a relief way and combining the national executivecompensations with civil ones so that justifiability is possible. The second part aims toadvise the government to employ the idea of governing a state with human dignityrepetition, to elaborate state power under rules, to innovate the mechanism of publicservice management with the rule-under-law thought, to feasibly elevate the level ofrule-under-law in State and Social Management, ensuring the realization of Right toW.C. The third part serves as an indispensable part to supply the previous ones andadvocates a full range of social security on the basis of legislative improvement andrule-under-law administration, so that Right to W.C. can shift from the top-leveldesign to law practice fully and effectively.

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