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从新文化运动开始,我国先进的仁人志士就开始搜寻一种“人之所以为人”的大多数人的平等和权利。近代意义上的人权思想起源于14—16世纪的文艺复兴运动。一些人文主义者如诗人但丁、作家薄伽丘等都十分强调人的自由和价值,反对封建和专制。经历了五千多年封建压迫的中国人民开始渐渐地苏醒,逐渐渗透的西方民主文化给扎根在中国人心中的“奴性”以沉重一击。新中国成立以后,先进的工人阶级开始带领着我们探索到一条宽阔而敞亮的社会主义大道。然而,路途是曲折的,各种困难让我们开始审视制度上的漏洞。人权的保障需要用法律作为基垫,因为我国与西方的“形式法学”是不一样的,我们所追求的“实质法学”要求更为深层次的平等。以仲裁法的“自愿性”原则为牵引,漫谈我国的现时的社会主义人权保障。
Since the beginning of the New Culture Movement, our country’s advanced people of lofty ideals have started to search for the equality and rights of the majority of people who are “people of the world.” The modern idea of human rights originated in the Renaissance Movement from the 14th to the 16th century. Some humanist poets such as Dante and writer Boccaccio place great emphasis on human freedom and value and oppose feudalism and autocracy. The Chinese people who experienced more than 5,000 years of feudal oppression began to gradually wake up and the gradually penetrating Western democratic culture gave a heavy blow to the “slaves” rooted in the hearts of the Chinese. After the founding of new China, the advanced working class began to lead us to explore a broad and spacious socialist road. However, the journey is tortuous, and various difficulties allow us to begin to examine institutional loopholes. The guarantee of human rights needs law as the foundation because our country is different from the western “formal law” and the “substantive law” that we are pursuing requires more profound equality. Take the “voluntary” principle of arbitration as a guide, and talk about the current safeguard of human rights in our country.