1946 France's new draft declaration of human rights is the last complete declaration of human rights in French history so far. It inherits and develops the principles and spirit of 1789 France's first human rights declaration and other human rights declarations during the Great Revolution. It not only has a historical connection with the contemporary French Constitution, but also has an influence on the Universal Declaration of Human Rights. This is an important human rights document in the contemporary west.

In French history, both the 1789 human rights declaration as the first human rights declaration and the 1946 draft new human rights declaration as the last human rights declaration are based on private property rights and commodity economy, backed by bourgeois democracy and France, and backed by French historical and cultural traditions. There is a substantial relationship between them. This is the premise of analyzing and comparing the two.

First, the first declaration of human rights is a concentrated expression of the spirit of the Great Revolution. Last year's Declaration of Human Rights was a summary of historical experience and lessons. 1789' s "Declaration of Human Rights" not only reflects the rational thinking of human value, but also reflects the anti-feudal fighting passion. Through the mutual combination and complementarity of rationality and passion, it greatly promoted the development of the French Revolution. In the preface, the declaration pointed out sharply: "Ignorance, neglect or contempt for human rights are the only reasons for public misfortune and government corruption"; Article 2 declares that resisting oppression is "the unshakable natural right of mankind." Since the insecurity of human rights is the fundamental drawback of the feudal system, fighting for and protecting human rights has become the fundamental purpose of the Great Revolution. If the fundamental problem of all revolutions is state power, then the fundamental purpose of revolutionary actions to seize power in modern times is to protect and realize basic human rights.

1789 the declaration of human rights accurately expresses the purpose of the great revolution, declaring that "the purpose of any political combination is to preserve the natural and unshakable rights of mankind." Whether it is to declare that sovereignty belongs to the people, to restrict government power with decentralization system, or to replace rule by man with the rule of law, its fundamental purpose is to protect human rights, and the declaration of human rights has become the banner of passion and rationality in the Great Revolution. The further upsurge of human rights demands promoted the revolutionary process and produced a more radical 1793 human rights declaration; The demand for human rights is constantly frustrated, and obligations are frequently emphasized, which shows that the enthusiasm of the Great Revolution has declined. 1795 The appearance of the Declaration of Rights and Duties of People and Citizens finally ended the Great Revolution and the Declaration of Human Rights during the Great Revolution.

By the time the new draft declaration of human rights was drafted in 1946, the feudal system and autocratic tradition had been completely transformed, and the anti-feudal task had already been completed. Therefore, compared with the first human rights declaration, the new draft declaration lost its fighting passion and paid more attention to the rational reflection on the western human rights theory and practice lessons for more than 100 years, indicating that the bourgeoisie is maturing politically.

The reflection on the Great Revolution first began in Tocqueville. /kloc-in the middle of the 0/9th century, he pointed out with keen insight the negative impact brought by the irrational passion of the French Revolution. "The generation that formulated the 1875 Constitution was deeply immersed in Tocqueville's works." However, because the Declaration of Human Rights is the spirit and soul of the Great Revolution, the reflection on the Great Revolution echoed the emergence of western positivism, so that the slogan of human rights was gradually abandoned and the Declaration of Human Rights was submerged in French history for a long time. /kloc-In the second half of 0/9th century and the first half of 20th century, western human rights theory and practice went downhill continuously, and stood the severe test of two world wars. Equality, freedom and basic human rights were born in the baptism of blood and fire. At any time, human beings may pay a heavy price again for ignoring them.

1946 France's draft new declaration of human rights is a reflection and summary of the arduous and tortuous course of human rights in the west. It is cold, pragmatic and mature. It is not limited to simply declaring several abstract human rights principles or resorting to moral force, but pays more attention to seeking practical guarantee conditions for fragile human rights.

Second, the spirit of the first declaration of human rights is enlightenment theory, so it is full of ideals; The theoretical basis of the last Declaration of Human Rights is the welfare state theory, so it pays more attention to the realistic conditions for realizing human rights and is practical.

1789 When the Declaration of Human Rights was promulgated, the dawn of the French Revolution did not win the final victory, and feudal absolutism suffered heavy losses. The monarchy has not yet withdrawn from the historical stage, and the system and fashion of recognizing, respecting and safeguarding human rights have not yet formed. Although the first declaration of human rights absorbed the British liberal constitutional principles to some extent, it was also influenced by the American Declaration of Independence. But its basic principles and spirit are undoubtedly forged by the theory of natural rights of French enlightenment thinkers. As Tocqueville said: "It is true that the American revolution had a great influence on the French revolution, but what the United States did at that time was not as great as the influence of French thought on the French revolution at that time." Because there was no institutionalized protection of human rights at that time, the basic point of the Declaration of Human Rights was to strive for recognition and respect for basic human rights and turn the country into a tool for defending basic human rights. These, except the works of enlightenment thinkers, have no ready-made answers. Montesquieu, Voltaire, Rousseau and others, starting from the theory of natural law, believe that human rights are natural, non-transferable and inalienable; All men are born equal, and life, freedom and property are the natural rights of human beings. The purpose of the state is to safeguard people's natural rights. 1789 the declaration of human rights is the standardization of ideal human rights, which declares: "all people are born free and equal in rights." The purpose of the state is to preserve the natural unshakable human rights of "freedom, property, security and resistance to oppression", and to restrict the state power with the basic principles of people's sovereignty, decentralization and rule of law, thus laying the ideological foundation of the modern constitution.

1946 the new draft declaration of human rights was promulgated after the first declaration of human rights was promulgated 157. The bourgeoisie has accumulated great wealth and matured politically in a century and a half, and there are both positive and negative experiences and lessons in human rights practice for reference. The guiding ideology of the last human rights declaration was the welfare state theory, which reflected a set of "from cradle to grave" welfarism advocated by western developed countries, and paid more attention to the realistic conditions and material basis for safeguarding and realizing human rights. Specifically, the new draft declaration of human rights inherits the social and economic rights recognized in the 1793 declaration of human rights, which not only stipulates citizens' rights to education, work and material relief, but also adds some new contents, such as fair remuneration, trade union freedom, enterprise democracy and the right to strike, as well as national health, personal integrity and dignity, physical, intellectual and moral development, and protection of the rights of mothers and babies, pregnant women and women. The draft declaration also emphasizes that "all human beings are equal in all aspects of politics, economy and society, regardless of gender, age, color, nationality, descent, religion and ideology". In order to realize such a wide range of social and economic rights, the draft declaration requires: "Litigation is free. Lack of measures cannot hinder the exercise of litigation rights "; "All kinds of education at all levels should be free. Students from poor families should receive material help from the state in order to complete their studies "; "Workers who are unable to work due to old age, mental and physical weakness or general economic conditions should be given an appropriate lifestyle." The extensive and systematic confirmation of civil social and economic rights and the high attention to the material conditions for realizing basic human rights in the new draft of the Declaration of Human Rights make it unique in contemporary western human rights literature and have important progressive significance. On this basis, it can be said that it is not only the human rights declaration of the welfare state, but also reflects the demands of the French * * * production party and the left-wing forces to a great extent. However, since the 1960s and 1970s, people have paid more and more attention to the economic inefficiency caused by the welfare state plan, and the contradiction between human rights protection and economic development has become prominent. Therefore, the progressive significance of social and economic rights and the advocacy of material protection of human rights announced in the new draft declaration of human rights should not be overestimated and must be comprehensively analyzed. It is inappropriate to affirm or deny them unilaterally.

Third, the 1789 human rights declaration takes it as its duty to declare the basic human rights of all mankind, which has obvious universal characteristics, while the 1946 draft new human rights declaration more embodies the special requirements of the French people for civil rights and has national particularity.

On the eve of the French Revolution, political rights and freedoms had been deprived by autocratic centralization of authority, leaving only academic freedom. "We can also carry out philosophical speculation almost without restriction, discussing the origin of society, the essence of government and the primitive rights of human beings." Enlightenment scholars can only establish an abstract and universal ideal kingdom in France, which is far away from the actual political process, so their thoughts have the worldwide characteristics of transcending nationalities and national boundaries. Natural rights and natural human rights are not only civil rights in France, but human rights that should be universally enjoyed by all mankind. 1789 The Declaration of Human Rights was deeply influenced by the Enlightenment and embodied the spirit and principle of universality of human rights. The drafters of the declaration are "representatives of the French people", but they are not limited to the position of the French, but stand in front of God, the only "master" of all mankind, and confirm and declare the rights of the following people and citizens under his protection. The Universal Declaration of Human Rights tries to define some universal and effective human rights for all mankind, and this guiding ideology has been expressed very clearly in its brief preface. The expression of Article 17 of the Declaration has also taken an abstract, general and universal form. None of them mentioned "France" or "French", nor did they relate any human rights to the special situation of France. This makes it in sharp contrast with the American Declaration of Independence and the British Bill of Rights. The former has far more influence in the world than the latter two. Starting from universal human rights, the first "Declaration of Human Rights" declared that equality, freedom, life, property and resistance to oppression are basic human rights that should be universally enjoyed by all mankind and made worldwide contributions. On the other hand, however, the delegates to the Constituent Assembly who look at the world have completely ignored the human rights of French women who are closely related to them and account for half of the French population. This makes the first declaration of human rights truly a "declaration of male rights", which shows great limitations of the times.

1946 the new draft declaration of human rights not only inherits the idea of universality of human rights from the first declaration of human rights, but also attaches more importance to the French declaration of civil rights. This guiding ideology is clearly stated in the second paragraph of the preamble of the Declaration: "The French Republic guarantees that male and female citizens of the French Federation enjoy the following rights and freedoms." Freedom of residence and migration, inviolability of residence, inviolability of communication secrets, due process clauses, freedom of belief, speech, writing, printing and publishing, freedom of assembly, procession and association, freedom of occupation, right of litigation, right of petition and the above-mentioned social and economic rights are all rights of French citizens closely related to the French Constitution and legal system. The transformation from universal human rights to the combination of universality and particularity of human rights is a great progress in the concept of the last Declaration of Human Rights. As the British jurist Machelle pointed out: "Although' universal values' are essential for the survival of any society, it is not enough for the actual management of any particular society. Maintaining society means maintaining certain systems, and the exact forms of these systems vary from society to society. " Similarly, the universal demand for human rights must be realized through the different constitutional and legal system arrangements of various ethnic countries and through the civil rights protection system. At the same time, the new draft declaration of human rights once again puts in front of people the demand of equality of rights between men and women first put forward in the draft declaration of women's civil rights in 179 1, and clearly declares that "women are guaranteed to enjoy the same rights as men in all aspects", and implements this spirit in many articles. This shows that the universality of human rights is not equal to universality, and the particularity of the way to realize human rights is different from narrowness. The new draft declaration of human rights not only recognizes the particularity of human rights, but also expands the scope of human rights.

Fourthly, the 1789 human rights declaration and the 1946 draft new human rights declaration have the same economic base, class attribute and cultural background, so they have historical inheritance. First of all, the initial and final human rights declarations are based on private ownership, and both regard property rights as the primary human rights. Article 1 of the Declaration of Human Rights declares: "Property right is a sacred and inviolable right, and no one can be deprived of his property unless it is obviously needed by the needs of the public as determined in the Joint Appeal Law, and under the conditions of fairness and pre-compensation". The provisions of the last human rights declaration to protect property rights are basically copies of the relevant contents of the first declaration, which declared: "Property is a sacred and inviolable right. The law should protect people's right to use, enjoy and dispose of their property. This right will not be deprived unless it is in accordance with the law. If private property is damaged due to public use, fair compensation should be given. " However, the different times of the two declarations of human rights make them have obviously different characteristics in property rights. The first human rights declaration embodies the requirement of a laissez-faire market economy for a high degree of exclusivity of property rights, stipulating that property rights are not subject to any other restrictions except expropriation according to law. The "Final Declaration of Human Rights" embodies the dual requirements of the mixed economic system combining the contemporary market mechanism with government intervention for the protection and restriction of property rights, and strengthens the restrictions on property rights. Statement: "The exercise of property rights cannot violate social welfare, nor can it harm the freedom, survival and property of others. The operations of all industries have become public utilities or monopolies and should be owned by the public. "

Secondly, both the two human rights declarations are the embodiment of the will of the bourgeoisie, and they have the same class attributes, but their class attributes are quite different. The first declaration of human rights came into being on the eve of the bourgeoisie seizing power, so it paid special attention to individual rights and used them to fight against authoritarian state power. The last declaration of human rights appeared in the contemporary era when the bourgeoisie firmly grasped the state power, and there were special provisions to prevent people from attacking and endangering the state power with human rights. It confirms that "the Republic of China will be decided by the meeting in times of crisis" can "temporarily suspend" citizens' freedom of residence and migration, freedom of communication, freedom of speech, writing, printing and publishing, freedom of assembly and procession.

Thirdly, the two declarations of human rights are influenced by the theory of natural rights of enlightenment thinkers to varying degrees, and both hold the concept of universality of human rights. The first declaration of human rights appeared in the form of universal human rights. Although the Declaration of Human Rights emphasizes the protection of the rights of French citizens, it also shows an obvious universal view of human rights in the provisions of Article 6. "Anyone who is abused for violating the freedoms and rights guaranteed by this Declaration has the right to hide in France." This will easily lead to the possibility of judging the human rights situation in other countries according to French human rights documents. At the same time, although the contents of general human rights are quite different, both of them declare equality, freedom, life, property, security and resistance to oppression as basic human rights.