从词语上说，我初识“民权”一词大大早于“人权”。“民”与“人”作为主体，分别与“权”相连接，在汉语语境下，内涵和外延有所不同，但二者的关系是密切的。我个人对此问题认识的发展，应该是前者为后者一定程度上奠定了基础。初识“民权”是从学习“三民主义”开始的。1941年我开始上小学，每周六下午例行有“周纪”或称“周会”，即全班级集合一起纪念孙中山先生。议程有唱国民党党歌、集体背诵“总理遗嘱”，向孙先生遗像三鞠躬致敬，最后是训导主任或校长讲话。党歌的第一句是：“三民主义，吾党所宗”；“总理遗嘱”嘱咐：“凡我同志，务须依照余所著《建国方略》、《建国大纲》、《三民主义》……继续努力，以求贯彻。”“三民主义”即民族、民权、民生，字面上是必须要背得出的。不过，对其中的“民生、民权”含义当时并不清楚，只是对“民族”开始感受其重要。那时，日本侵略军的铁蹄已践踏到豫西南的偏僻乡村，我的家乡正遭受蹂躏。日本鬼子烧杀抢掠，飞机轰炸扫射，许多人死于非命。在一次轰炸中，我的性命也几乎被剥夺。人们终日生活在恐惧之中，真是感受到了“中华民族到了最危险的时候”那种亡国灭种的氛围。在乡村，无论白天夜晚，人们常常将青纱帐和沟坎下当成最安全的地方。1945年8月，抗日战争胜利了，中华民族受凌辱的噩梦结束了，本以为迎来了和平，民权、民生问题的解决会提上日程。但在美国人力、物力支持下，国民党政府却发动了内战。国家战乱未停，国民党统治区兵匪横行，物价飞涨，经济凋敝，民不聊生。直到1949年人民革命战争胜利，中国人民获得解放，中华民族获得独立，才结束了这种局面。尽管我尚幼小年少，日本侵略下生活的经历，国民党统治区的所见所闻，也在内心深处埋下了强烈的爱民族和爱国家情感，也为我较早参加革命工作和后来从事法律和人权研究奠定了思想基础。初识“人权”是在大学的世界历史课堂上。50年代后期，“左”倾路线已开始弥漫学术界，“人道主义”、“人性论”受到批判，“人权”当然不在话下，学生们只能应声认为是虚伪的、骗人的。1964年研究生毕业后，到法学所的第一项任务是搜集整理革命根据地的法制资料。令人惊诧的是，在这批资料中，我看到了党所领导的抗日根据地和解放区政权颁发的一批关于保障人权的法律文献。由于那时八届十中全会精神正在贯彻，阶级斗争的弦进一步紧绷，并要求年年讲、月月讲、天天讲，尽管思想没敢在此逗留，内心深处还是对简单否定人权产生了疑问。“文化大革命”结束，党的十一届三中全会召开，人们对以往政治运动和“文革”中侵犯人权的事实开始反思。我与曾一起整理革命根据地法制资料的常兆儒先生，以根据地人权保障法制资料为依据写了一篇文章。不过，由于当时国内主流媒体仍然认为“人权是资产阶级口号”，1979年《法学研究》第1期发表该文时，只能用《保障人民权利是革命法制的优良传统》为标题。事实说明，由于资产阶级一些学者将人权问题搞得混乱不堪，又由于其政客们不断采用双重标准借人权对我国进行攻击，还由于我们自己对马克思主义关于人权的理论未深入研究，即使在解放思想改革开放的形势下，敢于涉猎这一领域的人也为数不多。直到90年代初，江泽民指出“人权问题回避不了，要进行研究”，沉默的局面才开始打破。江泽民关于人权问题的指示传达后，中宣部、中国社会科学院、中央党校等单位很快行动起来。作为任务，中央将政策制定交给了外交部，宣传教育交给国务院新闻办公室，理论研究交给了社会科学院。大约是人权保障许多方面涉及法律，胡绳院长将具体研究任务交给了时任法学研究所正副所长的王家福和我。不久，中宣部理论局决定组织编辑的大型“人权研究资料丛书”，国务院新闻办公室着手起草“中国的人权状况”白皮书，法学研究所举办全国范围的人权理论研讨会，形成了对人权研究更广泛的动员。为了完成中央交办的任务，由此开始，我不能不把主要精力从中国法律历史转向人权理论研究。20年来，通过学习马克思主义关于人权的论述，阅读有关人权文献，在国内和到美欧、南亚诸国进行考察，与国内外人权理论研究者反复切磋，数十次参与人权对话、人权对话研讨和其他形式交流，使我从多角度加深了对人权问题的认识。人权是资产阶级革命初期为反对“神权”和“王权”提出的口号，在革命胜利后将其确立为重要宪法原则。马克思主义充分肯定资产阶级民主、自由和人权的历史进步作用，同时也指出它是残缺不全的。事实是，资产阶级夺取政权后，不仅背信弃义地抛开了昔日的同盟者，甚至剥夺了本阶级妇女的选举权及参政权。尽管如此，马克思主义仍然认为工人阶级应在“民主共和国内”扩大自己的权利，通过不断斗争，当条件成熟时，“使自己上升为统治阶级，争得民主”，以最后建成“每一个人的自由发展是一切人的自由发展的条件”的“联合体”。这样的“联合体”建成之日，就是人类彻底解放、人权充分享有之时。1917年俄国十月社会主义革命、1949年中国新民主主义革命胜利，就是沿着这条道路、向着这一伟大目标前进的范例。1949年中国人民革命胜利，新中国成立，推翻了帝国主义、封建主义和官僚资本主义的剥削和压迫，获得了翻身解放；中华民族洗刷了西方列强和日本军国主义强加于身上的奇耻大辱，维护了民族独立和尊严。人民解放和民族独立是最重要的人权。其后，通过土地改革、社会主义改造和社会主义工业化初步建设，国家实力增强，人们生活水平提高，人权保障得到改善。但从50年代后期开始，由于“左”的思想影响，人权研究成为禁区，实践中人权保障意识淡薄，致使在一些政治运动，尤其是“文化大革命”中，相当一部分群众和干部的经济、政治、文化和人身权利被侵犯。党的十一届三中全会后，情况开始扭转，人民的权利保障意识增强。1991年中央提出对人权进行研究，有力地推进了我国的人权保障事业。2002年党的十六大将“国家尊重和保障人权”写入党章，2004年全国人大通过宪法修正案将其载入宪法，成为党和政府治国理政的重要原则。由此，在已有的基础上，我国人权制度进一步完善，人权保障水平迅速提高。尽管由于人口多，底子薄，现在仍存在诸多问题有待解决，但在党的领导下经过多年的总结，方向已经指明，基础已经奠定。可以充满信心地预计，我国人权保障事业的前景是美好的。中国是文明古国，有13亿人口，又是联合国安全理事会的常任理事国，2010年国民生产总值已跃居世界第二，强劲的发展势头仍将持续。由于其重要的国际影响力，社会发展和人权建设状况为世界许多国家关注是必然的。作为联合国的重要初始发起国，我国代表曾参加了《联合国宪章》和《世界人权宣言》的制订工作。新中国建立、在联合国的合法席位恢复后，又陆续加入了一系列国际人权公约。我们肯定人权的普遍性，主张在国际人权宪章范围内加强国际人权保障，同时也认为人权具有特殊性。由于各国历史文化、社会制度和发展水平不同而建立的人权保障制度理应受到尊重。人权保障主要是一个国家主权范围的事，我们反对以某一种价值观和制度模式衡量不同国家的人权保障，尤其反对以双重标准对待不同意识形态的国家，在国际社会挑起对抗。应当承认，在发展进程中各国都存在这样那样有待解决的人权问题；在高科技迅速发展、经济全球化的背景下，人类也面临诸多人权问题。诸如环境保护、严重自然灾难救助、大规模杀伤性武器生产与扩散防止和反对国际恐怖主义等，都需要通过平等对话、交流合作予以解决。为此，我国政府于90年代初提倡的人权平等对话，得到了国际社会广泛响应。近20年的实践证明，通过对话，相互间加深了了解，消除了误解，交流了经验，进行了合作，效果是好的。我们充分相信，继续坚持平等对话的方针，将进一步促进国际人权保障事业，推动建设和谐世界。可能由于多年从事并热爱法律史事业，1991年在哈佛回答一位美国朋友提问时，没多思索就说，我将会从历史文化角度对人权进行研究。二十余年来，无论是人权理论、人权实践还是中国人权建设及与外国人权交流，都是立足国内人权实际，联系国际人权公约和相关行为规则，对问题历史地进行阐释，力求对中国人权的过去、现在和未来提出较科学的看法。由于这部书从多角度谈了中国的人权事业发展，虽并非一部史书，仍定名为《新中国人权保障发展六十年》。全书收入的专论、报告和演讲，共分三个部分：一，综论篇，是关于人权理论、历史、特别是新中国人权保障发展的综合论述，基本是按内在逻辑次序排列；二，分论篇，是关于人权领域各种权利的具体论述，则按照1966年人权两公约经济、社会、文化权利和公民、政治权利排列；三，对外交流篇，是我手中尚存之参加对外交流的报告、演讲及重要发言，这一部分按时间顺序排列。此外，还收入了我撰写的已解密的内部报告，作为附录。全书虽然大体上成为系统，但由于是在不同年份分别发表的，自成篇章，所以合编在一起，在论述部分及相关引文难免重复；又由于我国人权建设发展日新月异，所引相关资料均是文章发表时的情况，现在修改既不合适，也无必要。不加修改，正可以反映我国人权事业的发展历程。人权内容是广泛而又复杂的，人权观念更是各式各样。美国伯克利大学一位颇有声望的教授曾告诉我，在美国有多少人权学者就有多少人权观念。这种说法显然张大其词，但某种程度也反映了基于资本主义自由经济、美国学者在人权问题认识上的特点。中国历史文化和社会制度与美国不同。不过在社会转型、市场经济快速发展、利益分散化的形势下，对人权仁者、智者也是各有所见。收入本书的文章尽管年代有一定跨度，但基本观点是一致的。对于观点与内容的不妥之处，请读者不吝批评。本书书名是由年逾九十高龄的朱穆之同志题写的。穆之同志是我国著名的马克思主义理论家、新闻学家，也是一位优秀书法家。他为平山县西柏坡革命纪念馆题写的“中国命运定于此村”，笔力刚劲，寓意深刻，本身就是一件珍贵的革命文物。我认识穆之同志是1980年审判林彪、江青集团案准备工作后期。那时，他任新华社社长，我在两案法律文件起草组，在一次有关研究新闻报道会上，我陪同有关领导向他介绍情况。1991年他任国务院新闻办公室主任，主持起草《中国的人权状况》白皮书。法学所为此提供法律框架资料，我和王家福参加了部分起草工作，此后多有接触。穆之同志对白皮书的总体构思和亲自撰写的序言，以及他后来关于人权问题的多次讲话，结合国内外形势，阐释和发展了马克思主义人权理论，使我深受教益。他为本书题写书名并赠言，是对我的鞭策和鼓励。多年研究实践中我深深体会到，人的思想被禁锢不容易，某些领域思想解放甚至更困难，人权理论便是如此。朱穆之同志在思想解放、尤其在发展马克思主义人权理论方面为我们做出了榜样。我对人权的认识发展得益于穆之等革命前辈的教诲，得益于学界、尤其是法学研究所诸位同仁见解的启迪。现在对许多问题的认识仍待深化，我会继续努力。著者2011年5月5日

Word-wise, I first came to know the term "civil rights" much earlier than "human rights." "People" and "people" as the subject, respectively connected with "rights", in the Chinese context, the connotation and extension are different, but the relationship between the two is close. The development of my personal understanding of this issue should be that the former has laid the foundation for the latter to some extent. The first acquaintance with "civil rights" began with the study of the "Three People's Principles." When I started elementary school in 1941, every Saturday afternoon there was a regular "Zhou Ji" or "Weekly Meeting", in which the whole class gathered together to commemorate Dr. Sun Yat-sen. The agenda included singing the Kuomintang party anthem, collectively reciting the "Prime Minister's Testament", three bows to Mr. Sun's posthumous portrait, and finally a speech by the director of discipline or the principal. The first line of the party song is: "Three People's Principles, the sect of our party"; The "Prime Minister's Testament" instructed: "All my comrades must follow Yu's 'Founding Strategy', 'Outline for the Founding of the People's Republic', and 'Three People's Principles'... Continue to work hard to implement it. The "Three People's Principles," that is, the nation, people's rights, and people's livelihood, literally must be recalled. However, the meaning of "people's livelihood and civil rights" was not clear at that time, but it was only for the "nation" to begin to feel its importance. At that time, the iron hooves of the Japanese invading army had trampled into the remote villages of southwestern Yu, and my hometown was being ravaged. Japanese devils burned and looted, planes bombed and strafed, and many people died. During one of the bombings, I was almost taken away from my life. People live in fear all day long, and they really feel the atmosphere of "the Chinese nation has reached the most dangerous time" of the country and extinction. In the countryside, day and night, people often regard green yarn tents and ditches as the safest places. In August 1945, the War of Resistance Against Japanese Aggression was won, and the nightmare of humiliation of the Chinese nation ended, and I thought that peace had ushered in and the solution of civil rights and people's livelihood issues would be put on the agenda. However, with the support of American human and material resources, the Kuomintang government launched a civil war. The war in the country has not stopped, soldiers and bandits are rampant in the Kuomintang-ruled areas, prices are soaring, the economy is in ruins, and the people are living in poverty. It was not until the victory of the People's Revolutionary War in 1949, the liberation of the Chinese people, and the independence of the Chinese nation that this situation ended. Although I was still young, my experience of living under Japanese aggression and what I saw and heard in the Kuomintang-ruled areas also planted a strong feeling of love for the nation and the country in my heart, and also laid the ideological foundation for my early participation in revolutionary work and later legal and human rights research. The first acquaintance with "human rights" was in the university's world history class. In the late 50s, the "left" line began to pervade the academic community, "humanism" and "human nature" were criticized, and "human rights" were of course not a problem, and students could only respond to the claim that it was hypocritical and deceptive. After graduating from graduate school in 1964, his first task at the Law Institute was to collect and sort out legal materials in the revolutionary base areas. What is surprising is that in this batch of materials, I saw a batch of legal documents on the protection of human rights issued by the anti-Japanese base areas and liberated areas under the leadership of the Party. Because the spirit of the Tenth Plenary Session of the Eighth CPC Central Committee was being implemented at that time, the strings of class struggle were further tightened, and it was required to talk every year, month by month, and every day. After the end of the Cultural Revolution and the Third Plenary Session of the Eleventh Central Committee of the Communist Party of China, people began to reflect on the fact that previous political movements and human rights violations during the Cultural Revolution began. I wrote an article with Mr. Chang Zhaoru, who had compiled legal system materials in revolutionary base areas, based on data on the protection of human rights in base areas. However, because the domestic mainstream media still believed that "human rights are bourgeois slogans" at that time, when the first issue of "Legal Research" published in 1979, the article could only be titled "Protecting People's Rights is a Fine Tradition of the Revolutionary Legal System". Facts have shown that because some bourgeois scholars have made the issue of human rights confusing, because politicians have constantly used double standards to attack our country under the pretext of human rights, and because we ourselves have not studied Marxist theory on human rights in depth, even under the situation of emancipating the mind and reforming and opening up, there are not many people who dare to dabble in this field. It was not until the early 90s that Jiang Zemin pointed out that "the human rights issue cannot be avoided, and it is necessary to conduct research" that the silence began to break. After Jiang Zemin's instructions on human rights issues were transmitted, the Central Propaganda Department, the Chinese Academy of Social Sciences, the Central Party School, and other units quickly took action. As a task, the central government entrusted policy formulation to the Ministry of Foreign Affairs, propaganda and education to the State Council Information Office, and theoretical research to the Academy of Social Sciences. Probably because many aspects of human rights protection involve law, President Hu Rope entrusted the specific research task to Wang Jiafu and me, then the director and deputy director of the Institute of Law. Soon, the Theory Bureau of the Central Propaganda Department decided to organize and edit a large-scale "human rights research data series", the State Council Information Office began to draft a white paper on "China's Human Rights Situation", and the Institute of Law held a nationwide seminar on human rights theory, forming a broader mobilization for human rights research. In order to fulfill the tasks assigned by the central authorities, I cannot but shift my main energy from the history of Chinese law to the study of human rights theory. Over the past 20 years, through studying Marxist expositions on human rights, reading relevant human rights literature, conducting investigations in China and in the United States, Europe and South Asia, repeatedly discussing with human rights theorists at home and abroad, and participating in dozens of human rights dialogues, human rights dialogues and seminars, and other forms of exchanges, I have deepened my understanding of human rights issues from various angles. Human rights were the slogans put forward in the early days of the bourgeois revolution against "theocracy" and "royal power", and they were established as important constitutional principles after the victory of the revolution. Marxism fully affirms the historical progressive role of bourgeois democracy, freedom, and human rights, but at the same time points out that it is incomplete. The fact is that after seizing power, the bourgeoisie not only treacherously abandoned its former allies, but even deprived women of its class of the right to vote and participate in political power. Nevertheless, Marxism still believes that the working class should expand its rights "within a democratic republic" and, through constant struggle, when conditions are ripe, "raise itself to the ruling class and win democracy", in order to finally build a "union" in which "the free development of everyone is the condition for the free development of all." The day such a "union" is established will be the time when mankind is completely liberated and human rights are fully enjoyed. The October Socialist Revolution in Russia in 1917 and the victory of the New Democratic Revolution in China in 1949 are examples of advancing along this road and toward this great goal. In 1949, the Chinese People's Revolution was victorious and New China was founded, overthrowing the exploitation and oppression of imperialism, feudalism and bureaucratic capitalism, and achieving liberation; The Chinese nation has washed away the great shame imposed on it by Western powers and Japanese militarism, and safeguarded national independence and dignity. People's liberation and national independence are the most important human rights. Subsequently, through land reform, socialist transformation and the initial construction of socialist industrialization, the country's strength was strengthened, people's living standards were raised, and human rights protection was improved. However, since the late 50s, due to the influence of "leftist" ideology, human rights research has become a forbidden area, and in practice the awareness of human rights protection has been weak, resulting in the economic, political, cultural and personal rights of a considerable number of people and cadres being violated in some political movements, especially the "Cultural Revolution". After the Third Plenary Session of the Eleventh Central Committee of the Communist Party of China, the situation began to reverse, and the people's awareness of protecting their rights increased. In 1991, the central authorities proposed to conduct research on human rights, which effectively promoted the cause of human rights protection in China. In 2002, the 16th Party Congress enshrined "the state respects and protects human rights" into the party constitution, and in 2004, the National People's Congress passed a constitutional amendment to enshrine it in the constitution, which has become an important principle for the party and government to govern the country. As a result, on the basis of the existing foundation, China's human rights system has been further improved, and the level of human rights protection has rapidly improved. Although there are still many problems to be solved due to the large population and weak foundation, after years of summing up under the leadership of the party, the direction has been pointed out and the foundation has been laid. It can be predicted with confidence that the prospects for the cause of protecting human rights in our country are bright. China is an ancient civilization with a population of 1.3 billion and a permanent member of the United Nations Security Council, and its GDP has leapt to the second largest in the world in 2010. Due to its important international influence, it is inevitable that the state of social development and human rights construction will be concerned by many countries in the world. As an important initial initiator of the United Nations, my representative participated in the elaboration of the Charter of the United Nations and the Universal Declaration of Human Rights. After the founding of New China and the restoration of its lawful seat in the United Nations, it has acceded to a series of international human rights conventions. We affirm the universality of human rights and advocate the strengthening of international human rights guarantees within the framework of the International Bill of Human Rights, while also recognizing the special nature of human rights. The human rights protection system established due to the different histories, cultures, social systems and levels of development of different countries should be respected. We oppose the use of certain values and institutional models to measure the protection of human rights in different countries, especially the use of double standards towards countries with different ideologies and provoke confrontation in the international community. It should be recognized that there are human rights problems that need to be addressed in all countries in the development process; In the context of the rapid development of high technology and economic globalization, mankind is also facing many human rights problems. Environmental protection, relief for serious natural disasters, prevention of the production and proliferation of weapons of mass destruction and countering international terrorism all need to be resolved through dialogue, exchange and cooperation on an equal footing. To this end, the dialogue on human rights equality advocated by my Government in the early nineties has been widely echoed by the international community. The practice of nearly 20 years has proved that through dialogue, mutual understanding has been deepened, misunderstandings have been eliminated, experiences have been exchanged and cooperation has been carried out, and the results have been good. We fully believe that continuing to adhere to the principle of equal dialogue will further promote the cause of international human rights protection and promote the building of a harmonious world. Perhaps because of his many years of practice and love for legal history, when answering a question from an American friend at Harvard in 1991, he said without much thought that I would study human rights from a historical and cultural perspective. Over the past 20 years, whether it is human rights theory, human rights practice, Chinese rights construction and exchanges with foreign human rights, it has been based on the reality of human rights in China, in connection with international human rights conventions and relevant rules of conduct, and explained the issue historically, and strived to put forward a more scientific view on the past, present and future of Chinese rights. Because this book talks about the development of China's human rights cause from many angles, although it is not a history book, it is still titled "Sixty Years of New Chinese Rights Protection and Development". The monographs, reports and speeches included in the book are divided into three parts: first, the comprehensive essay, which is a comprehensive exposition on human rights theory, history, especially the development of the protection of new Chinese rights, basically arranged in the order of internal logic; Second, the sub-discourse is a specific discussion of various rights in the field of human rights, which are arranged according to economic, social and cultural rights and civil and political rights in the 1966 Covenants on Human Rights; Third, the foreign exchange chapter is the report, speech and important speech that I still have in my hand to participate in foreign exchange, and this part is arranged in chronological order. In addition, a declassified internal report written by me is included as an appendix. Although the whole book has become generally systematic, because it is published separately in different years and has its own chapters, it is combined together, and it is inevitable that the discourse part and related quotations will be repeated; Moreover, due to the rapid development of human rights construction in our country, the relevant materials cited are all the situation at the time of the publication of the article, and it is neither appropriate nor necessary to revise it now. Without amendment, it can reflect the development course of China's human rights cause. The content of human rights is broad and complex, and the concept of human rights is even more diverse. A well-known professor at the University of Berkeley in the United States once told me that there are as many human rights scholars as there are human rights concepts in the United States. This statement is obviously exaggerated, but to a certain extent, it also reflects the characteristics of American scholars in understanding human rights issues based on the capitalist free economy. China's history, culture and social system are different from those of the United States. However, under the situation of social transformation, rapid development of market economy, and decentralized interests, the benevolent and wise people also have different views on human rights. Although the articles included in this book have a certain span of age, the basic views are the same. Please do not hesitate to criticize any inadequacies in the views and contents. The title of this book was inscribed by Comrade Zhu Muzhi, who is over 90 years old. Comrade Mu Zhi is a well-known Marxist theorist and journalist in China, as well as an excellent calligrapher. He inscribed "China's destiny is determined in this village" for the Xibaipo Revolutionary Memorial Hall in Pingshan County, which is a precious revolutionary cultural relic in itself. I knew Comrade Mu Zhi in the late stages of preparations for the trial of Lin Biao and Jiang Qing Group in 1980. At that time, he was the president of the Xinhua News Agency, and I was in the drafting group for legal documents in the two cases, and at a news report meeting on research, I accompanied the leaders concerned to brief him on the situation. In 1991, he became Director of the Information Office of the State Council and presided over the drafting of the White Paper on the Human Rights Situation in China. The Law Institute provided information on the legal framework for this purpose, and Wang Jiafu and I participated in part of the drafting work, and we have had more contact since then. Comrade Mu Zhi's overall conception of the white paper and the preface he personally wrote, as well as his many subsequent speeches on human rights issues, explained and developed Marxist human rights theory in light of the domestic and international situation, which deeply enlightened me. His inscription and message for the book is a spur and encouragement to me. In many years of research and practice, I have deeply realized that it is not easy for people's minds to be imprisoned, and it is even more difficult to emancipate their minds in certain fields, as is the case with human rights theory. Comrade Zhu Muzhi has set an example for us in emancipating his mind, especially in developing Marxist theory of human rights. The development of my understanding of human rights has benefited from the teachings of my revolutionary predecessors such as Mu Zhi, and from the enlightenment of the views of the academic circles, especially colleagues in the Institute of Law. At present, the understanding of many issues still needs to be deepened, and I will continue to work hard. Author: May 5, 2011（AI翻译）