第三次分配的人权维度

匡宏 吉林大学法学院 原文PDF 《人权法学》期刊官网

转载自《人权法学》2024年第3期

参考文献格式：

匡宏. 第三次分配的人权维度[J]. 人权法学, 2024,3(3):75-92. DOI: 10.3969/j.issn.2097-0749.2024.03.05.

KUANG Hong. The Human Rights Dimension of the Third Distribution[J]. Journal of Human Rights Law, 2024,3(3):75-92. DOI: 10.3969/j.issn.2097-0749.2024.03.05.

摘要：第三次分配是实现共同富裕的重要途径，也是人权事业自主参与和实现的方式。第三次分配与人权榫接于共同的伦理道德基础和社会福利增长目标。第三次分配以生存权与发展权保护为理念引领、以平等共享为参与方式、以实现人民幸福为价值归宿，是当代中国人权观的彰显。通过第三次分配促进人权保障，应将第三次分配与国家人权行动计划相衔接，夯实具体人权保障的基础。人权与其所依托的社会环境呈现双向互动的关系，第三次分配的实施有利于营造包容性可持续发展的社会环境。第三次分配由道德信念驱动、蕴含并体现着共同善的价值，第三次分配的实施有助于促进平等、尊重、宽容、社会责任等人权观念的塑造。人权价值能实现对第三次分配制度的优化，促进第三次分配实施机制的完善：在资源配置上，以人权理念引导第三次分配的资源流向，让第三次分配向弱势群体和薄弱环节倾斜；在监管上，将人权与善治理念融入第三次分配监管，减少第三次分配中的失范行为；在社会主体自主参与第三次分配的同时，国家应通过法律和政策对第三次分配进行支持和激励。

关键词：第三次分配；人权；公益慈善；发展权；社会组织

The Human Rights Dimension of the Third Distribution

KUANG Hong

(School of Law, Jilin University)

Abstract: The third distribution, proposed by the economist Mr. Li Yining, is a localized Chinese concept of the economic system. The third distribution is an important way to realize common prosperity and also a method for social subjects to participate autonomously in the cause of human rights as well as to realize human rights. First of all, the third distribution dovetails with human rights in terms of value concept and practice. Conceptually, the third distribution shares a common ethical and moral foundation with human rights, manifesting the common good of human rights and containing the spirit of altruism and universal love that underlie the morality of human rights. In practice, the third distribution helps to correct market failures, reduce the social costs of rights protection and enhance the welfare of social subjects. Secondly, the third distribution is a manifestation of the contemporary Chinese outlook on human rights. Guided by the concept of protecting the right to subsistence and the right to development, the third distribution creates conditions for the independent development of vulnerable groups by helping them; taking equal sharing as the way of participation, the third distribution improves the situation of actual enjoyment and protection of the rights for the aided groups, and at the same time tries its best to realize the sharing of development opportunities; regarding the realization of people’s happiness as the value destination, the third distribution actively enables the subjects to fulfill their social responsibilities to gain a sense of achievement. The lives of the distribution recipients are improved and thus their satisfaction with the society and their sense of happiness are also enhanced. In addition, the third distribution is a concrete way to guarantee and realize human rights. It strengthens the foundation for the guarantee of specific human rights such as the right to an adequate standard of living, the right to education, the right to a healthy environment, and thus should be linked to the National Human Rights Action Plan. There is a two-way interactive relation between human rights and the society in which they exist, and a social environment for inclusive and sustainable development should be constructed through the third distribution. Driven by inner morality, the third distribution can contribute to the shaping of human rights mentality such as equality, respect, tolerance and responsibility in its implementation.

As human rights concepts should guide the allocation and flow of resources in the third distribution, legislation and law enforcement should also lead the distribution to work in favor of vulnerable groups and weak links. Meanwhile, human rights should be included in the evaluation system of the third distribution. To incorporate the concepts of human rights and good governance into the supervision over the third distribution, we should improve the mechanisms for disclosure of distribution information, participation in supervision by multiple subjects, and supervision of distribution in key areas, so as to reduce misbehavior in distribution. The subjects of the third distribution, as a social force, plays an indispensable and complementary role in the cause of human rights. They can be incentivized through the improvement of the financial and taxation system, the rational allocation of the authority of the participating subjects, and the innovation of publicity content and forms of dissemination.

Needless to say, the third distribution still needs to be improved in both theory and practice, and the cultivation of it needs to be strengthened. A human rights realization approach based on the third distribution should also address the relation between fairness and efficiency and enhance the efficiency of resource allocation in the third distribution, through which social subjects would promote the coordinated development of all sectors of the society, thereby contributing to the enrichment, development and prosperity of human rights civilization that is equal, comprehensive and inclusive.

KEY WORDS: the third distribution; human rights; public charity; the right to development; social organizations