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在公共治理场域中生成和行动的人权法,应当是能够促成和谐人权保障关系的平衡法,它在机制上表现为人权保障目标与制度安排的匹配性,在内容上反映为公民权利设定的合乎理性,在形式上表现为人权法规范体系的协调一致,在行动上体现为人权保障过程基于商谈形成共识,在结果上表现为人权保障绩效的最大化。由于不同人权之间往往存在着张力,加上人权保障具有跨部门法性,再加上国际人权法依赖于国内法转化或衔接等原因,因此人权法容易失衡,制约着国家尊重和保障人权目标的全面实现。要解决人权法失衡问题,应当选择开放性的公私商谈模式、遵循理性的衡量标准对人权入法进行审慎权衡。
The human rights law that is generated and acted in the field of public governance should be the balance law that can promote the protection of harmonious human rights. It is manifested in the mechanism as the match between the goal of human rights protection and the institutional arrangement, and is reflected in the content as the setting of civil rights Which is manifested in the form of coordination of the normative system of human rights law in the form of a consensus on the basis of business negotiations and the maximization of the performance of human rights guarantees as a result. Due to the tensions often exist between different human rights and the interdepartmental nature of human rights protection, international human rights law relies on the conversion or connection of domestic laws. As a result, human rights law tends to be unbalanced and restricts the state’s goal of respecting and safeguarding human rights The full realization. In order to solve the imbalance of human rights law, we should choose an open model of public-private negotiation and make careful judgments on the incorporation of human rights into the law according to the standard of measurement.