3.Human Rights are no longer dreams.
After the Second World War, the "United Nations Charter" stipulated clearly on the international protection of human rights. On Dec. 10, 1948, the UN Assembly issued an international document interpreting the human rights – "Universal Declaration of Human Rights". The spirit of safeguarding human rights embodied in these international documents is not only the reflection of common values of people nowadays, but also is the basic criterion to judge the human right status of sovereign states. Later, with the emerging national liberation movements worldwide, a great batch of developing countries stood on the international stage of human rights. By taking the majority of seats in the UN Assembly, they put forward their demands for human rights in aspects of economy, society and culture. In 1996, the UN Assembly passed another two international human rights conventions, "International Covenant on Economic, Social and Cultural Rights" and "International Covenant on Civil and Political Rights" as well as the "Optional Protocol" (hereinafter referred to "two international covenants of human rights" for short). In details, the "two international covenants of human rights" and the aforesaid "Universal Declaration of Human Rights" are different in both the contents and the legal effects. If we can tell that, the Declaration reflects that the developed nations and the developing nations are eliminating the differences with respect to the protection of human rights and reaching the consensus on the human right dialogues, the "International Covenant on Economic, Social and Cultural Rights" mainly reflects the human right demands of developing countries, while the "International Covenant on Civil and Political Rights" and the "Optional Protocol" mainly reflect the interest demands of western countries for human rights protection; moreover, in the terms of legal effects, the Declaration is just a principle declaration issued by the UN with no realistic legal binding force to the member countries. While different from it, the "two international covenants of human rights" are multilateral legal documents, laying out clear stipulations of contracting states'' legal obligations and responsibilities on safeguarding and promoting human rights, which have exact legal binding force. In addition, the "two international covenants of human rights" also stipulated a complete legal implementing mechanism of contracting states reporting system, nations'' accusing system and individual appealing system etc., with a specified agency "Human Rights Committee" established for supervising the obligation implementing status of contracting countries. Therefore, the "two international covenants of human rights" provide the international protection of human rights with the legal basis for common application and clear jurisdiction, marking primarily formulation of international human rights legal system. In addition, the UN Assembly passed the "Vienna Declaration and Programme of Action" which further addresses the universality of the human rights, further improving the international regulations and specifying standards on the human rights protection. It is predictable that the particularity of international human rights protection will be gradually reduced while the universality enlarged.
Moreover, the connotation of human rights has been continuously expanded and the systemic level upgraded greatly. Just as a scholar described, "human rights are no longer an abstract theory or a faraway dream; instead they have turned into tangible in national laws and international laws of agency, personnel, rules, funds, interpretations, prosecutions, debates, trails, judgments, executions and sanctions. Despite the fact that in some circumstances, conflicts arising from geopolitics, international interests or even individual interests would differ the reality from the desired justice to certain extent, an authoritative agency, formalized procedures and regulatory operations are far more practical than extract theories for advancing the course of the human rights. [9] By following this tendency, many nations have stipulated the safeguarding of human rights in their national constitution. For instance, China clearly stipulates in its constitutional amendment passed in 2004 that "the state respects and protects human rights". In a word, after decades of postwar development of human rights, the international human rights protection has shown new trends and new features, and the safeguarding of human rights has became the key target of promoting the constitutional government of countries in the world.
4. Rule of law has become the common view.
Currently, the idea of rule of law becomes more and more outstanding with consensuses being formed. With the "dynamic constitutional mechanism" as the basic contents, the constitutional reform activities are constantly pushed forward by countries with their own characteristics. In the developing process of the modern society, the idea of rule of law is the outcome of the human civilization and rational practice. Essentially, the formation of constitutional consensuses greatly depends on the manifestation and realization of mutual idea of rule of law. Today, with the highly development of modern civilization, the idea of rule of law has been accepted gradually and became a common view. Taking the United States for instance, during its presidential election of 2008, which placed a profound influence to the country, when the campaign of Bush and Goerl finally concentrated in the Florida...because the votes of both candidates were almost equal, the election came to a deadlock...at that time, the US Supreme Court intervened in the presidential election for the first time in its history and made the final judgment. Just as someone commented later, "the presidential candidate of Democratic Party Goerl may still feel not OK with it, but he announced to the public that he will accept the judgment of the Court." [10] So we can see that, the idea of rule of law is deep rooted in American''s mind. The function of the constitutional order was fully reflected in this case.
Responding to it, the famous American writer Toms Friedman wrote articles to complain of unfairness for Goerl and claim the injustice judgment made by the Supreme Court, but he also lauded the practice of the rule of law of US based on the judicial authority. As he preached that, "the secrete (of America''s success) is the long tradition of rule of law and the systems behind this. Because of this, everybody can get full development no matter who is in power...we carried on the excellent legal and institutional system." [11] As what he stated, United States is the pioneer of codified constitution, and its constitution is undoubtedly one of the greatest achievements that the American contributed to the world political system, so that the United States grows into the unique superpower of the world within about 200 years. "What is it that facilitates the development of US in this rapid speed? Perhaps, there be lots of factors, but we have to admit that the principle and system of rule of law set by the US constitution have played the key roles." [12] In my opinion, the US constitutional order is maintained on the one hand due to the constant improvement and development of the system and order driving by the professional development of the constitution, and on the other hand, it also benefited from the further strengthened idea of rule of law and consensuses on the constitutional government. The current trend of the realistic constitutional government shows besides that the position of the constitution as the fundamental law of governing a country is further confirmed and consolidated and the constitutional system plays greater and greater roles in the actual operations of constitutional government, the constitutional activities taking the "dynamic constitutional mechanism" as the core contents are constantly advanced and promoted in countries with their own characteristics and become the eternal demand and inexhaustible power of current constitutional reforms. Driven by this power, the constitutional reform activities in all nations are constantly stepping forward orderly in their own characteristics.
