中德关于全面推进战略伙伴关系的联合公报
中国 德国
中德关于全面推进战略伙伴关系的联合公报（全文）
应中华人民共和国国务院总理温家宝邀请，德意志联邦共和国总理安格拉·默克尔于2010年7月15日至18日对中华人民共和国进行正式访问。胡锦涛主席和温家宝总理分别与默克尔总理举行会见和会谈，在诸多重要问题上达成共识。
在应对国际金融危机过程中，中德关系进一步深化。中德作为在各自地区和世界上具有重要影响的国家，作为第三和第四大经济体及重要贸易和出口国，有着广泛共同利益，在应对全球性挑战方面肩负着重要责任。
两国共同致力于进一步加强在各领域的互利合作，全面推进中德战略伙伴关系蓬勃发展，促进世界和平与可持续发展，为应对全球性挑战作出贡献。
一、政治领域
（一）双方重视高层交往对双边关系的重要作用，愿保持两国领导人经常性联系及总理年度会晤机制，密切最高层合作。
（二）双方强调，愿本着相互尊重、平等相待、积极合作、互利共赢的精神，照顾彼此核心利益，加强相互理解和政治互信，确保双边关系长期稳定发展。德方重申坚持一个中国政策，尊重中国领土完整，中方对此表示赞赏。
（三）双方重视战略对话、法治国家对话和人权对话等对话机制对加强战略伙伴关系的重要意义。双方同意提高中德战略对话级别。双方强调法治国家和保障人权对两国的发展均重要。双方认为十年来的法治国家对话十分成功并将定期开展该对话。
（四）中德将在联合国和国际金融机构等多边组织加强合作。双方支持联合国改革。中德将加强维和行动经验交流，继续合作支持阿富汗重建进程。
（五）双方强调，愿在中德军事合作框架内继续就安全和军事政策问题进行对话，以在此基础上深化互信，并逐步扩大两军交往。双方充分肯定在打击索马里海盗方面的共同努力。
（六）中方欢迎欧洲一体化进程取得进步和欧盟在国际事务中发挥积极作用。中德努力推动中国与欧盟伙伴合作协定谈判顺利完成，全面扩大和深化中欧关系。中德关系也将从中受益。
二、经济领域
（七）双方认为，国际金融危机没有改变世界经济增长的长期趋势，应从危机中吸取教训。当前世界经济逐步复苏，出现了企稳向好的趋势，但复苏的基础仍不牢固。
（八）双方将加强经济政策磋商和宏观经济领域合作，共同努力促进两国和世界经济全面、可持续和平衡增长。中方支持欧盟稳定经济和金融的举措，重视德国在这一过程中的重要作用，坚信欧元区国家将克服困难，实现经济稳定增长。德国将大力推动加强中欧经济关系。德方将积极支持欧盟尽快承认中国完全市场经济地位，中国将与欧盟就此继续对话。
（九）双方愿继续密切二十国集团内的沟通与协调，推进全球经济治理改革，加强二十国集团作为国际经济金融合作主要平台的作用，体现代表性、平等性和实效性。加强国际金融机构的发展和减贫职能，推动国际货币基金组织份额改革，同时兼顾其他治理结构改革，如期于首尔峰会前实现二十国集团领导人确定的目标。双方愿加强对具有重要金融中心的发达经济体宏观经济政策的监督，推进国际金融体系改革。
（十）双方反对一切形式的贸易和投资保护主义。两国共同致力于严格遵守世贸组织规则和减少贸易壁垒。多哈回合谈判取得成功将成为世界经济开放并获得增长动力的重要信号。德方欢迎中方为加入世贸组织《政府采购协定》方面所作的努力。
（十一）双方欢迎两国央行通过“中德金融稳定论坛”继续加强合作，共同维护金融稳定。
（十二）中方强调，欧洲市场始终是中国最重要的投资市场之一。德方尤为欢迎中国在德投资。双方欢迎继续扩大双向投资，加强出口融资领域交流与合作。
（十三）双方高度重视实体经济在经济发展中的作用。德方认为，中国政府采取的增强经济增长可持续性、扩大内需、促进区域经济发展等措施是中德企业更为紧密合作的重要机会。通过定期举办中德经济技术合作论坛等促进双边产业合作，促进在基础设施建设、提高工业生产能效、原材料、钢铁、汽车、医药、生物技术、能源和环境技术、化学、信息通信技术等领域的合作。双方愿加强在航空领域的合作。
（十四）双方将加强在中德经济合作联委会内的磋商，提升货物和服务贸易水平，增设服务贸易促进工作组。
（十五）双方将密切在标准化、食品安全、计量、产品安全、认证认可等领域的成功合作。
（十六）德方支持中国发展现代化、技术导向型经济。双方愿继续加强先进工业技术领域合作。技术转让应遵循自愿原则。知识产权保护符合双方利益，应继续坚持不懈予以推动。德方欢迎中方加大知识产权保护力度，双方愿继续深化该领域合作。
（十七）双方建立能源和环境合作伙伴关系。双方加强能源领域的技术合作与政策交流，推动在可再生能源领域的合作与应用示范。通过中德环境论坛、战略环境对话和中德经济技术合作论坛框架内的环保技术和循环经济、能源工作组以及中德经济合作联委会加强双方环保、循环经济、节能合作及在上述领域的经贸合作。加强全球生物多样性和生态保护领域的合作。双方将支持在中国国家级经济技术开发区内合作建设中德生态园区。从气候保护和能效角度加强建筑行业合作。双方积极评价《中德地学领域科学技术合作协议》框架内的合作，将在地学和矿产资源领域加强合作。
（十八）中小企业为两国经济增长和创造就业岗位作出了重要贡献。两国中小企业合作潜力巨大。双方将继续进行中小企业政策磋商，为解决实际问题指明方向，并加强合作。
（十九）妥善应对气候变化符合中德两国利益。双方重申坚持“共同但有区别的责任”原则，确认《联合国气候变化框架公约》及其《京都议定书》为应对气候变化国际合作的恰当和有效框架。双方赞赏两国政府为应对气候变化采取的积极措施。中德应对气候变化工作组首次会议将在2010年秋季举行。双方将扩大务实合作。
（二十）替代动力对解决气候、环境和交通问题具有重要意义。双方支持设立“中德替代动力平台”加强电动汽车领域合作。
（二十一）双方充分肯定近30年成功、充满信任的发展合作和财政合作对经济社会协调发展、应对气候变化和其他领域的积极作用，愿在环境、气候、能源、农业和粮食、金融、区域合作及法治国家对话等涉及未来双方重大共同利益的领域继续共同合作。在促进贷款方面与复兴信贷银行互利合作成功，下一步应重点在气候保护领域继续合作。双方同意由两国财政部商签《中华人民共和国财政部和德意志联邦共和国财政部关于加强财经合作的谅解备忘录》。
（二十二）双方将推进国际发展合作，坚持对发展中国家，尤其是最不发达国家和地区的支持和援助。共同推动今年联合国千年发展目标高级别会议取得面向行动的积极成果，使联合国千年发展目标在全球范围取得全面均衡进展。双方认为，加强农业和粮食领域的合作将对世界粮食安全产生积极意义。
三、文化和社会领域
（二十三）双方一致认为，推进中德战略伙伴关系需要不断扩大和深化两国人文领域的合作与交流。双方欢迎2010年5月签署的《中华人民共和国外交部和德意志联邦共和国外交部关于中德对话论坛的协议》。
（二十四）双方一致认为，“德中同行”系列活动极大增进了两国人民相互了解和友谊。两国元首共同担任2011年在北京举办的“启蒙的艺术”展监护人，期间将举行“关于启蒙的对话”系列论坛。德方支持中方2012年在德举办“中国文化年”活动。这再次体现了双方对文化交流的重视。双方愿继续扩大公共文化服务体系、文化产业和文化管理人员培训领域的交流与合作。
（二十五）双方高度赞赏“中德科教年”的成功举办，一致同意未来在科研领域进行更密切合作，鼓励在大学、研究机构、企业建立联合研究中心和实验室。双方将在中德科技合作联委会框架内加强各领域合作。
（二十六）双方愿不断加强现有大、中学生交流，继续建立学校伙伴关系，深化职业教育合作。双方愿通过促进汉语在德国的推广和德语在中国的推广及“学校：塑造未来的伙伴”倡议共同促进彼此理解。
（二十七）双方支持建立“中德未来之桥”论坛，使两国各界青年精英建立经常性联系。继续管理领域的交流。双方赞赏青年交流在促进两国关系长远发展中的积极作用，倡议和支持两国青年协会、青年组织和青年机构间巩固和扩大伙伴关系，增进青年一代的紧密友谊和合作。
（二十八）双方积极鼓励两国传媒界开展交流合作。双方同意建立记者、出版商、国家机构和经济界及其他媒体代表共同参与的媒体对话。
The Draft Constitution and Human Rights Protection in European Union
周大勇 (Zhou,Dayong)
1 the general introduction of the draft constitution in aspect of the human rights
2 short review of the human rights protection in European Union
3 the new points in aspect of human rights in the draft constitution
3.1 common values
3.2 incorporation of the Charter of fundamental rights
3.3 other changes could affect the human rights
4 arisen questions
4.1 the protection different from under the Convention
4.2 the two courts system and its application
5 conclusions in a historical view
1 general introduction of the draft constitution in aspect of the human rights
“Conscious that Europe is a continent that has brought forth civilization; That its inhabitants, arriving in successive waves from earliest times, have gradually developed the values underlying humanism: equality of persons, freedom, respect for reason” Extract from the preamble to the draft Constitution
In past 16 years, the European Union (EU hereafter) has marked itself through a series of changes. From The Single European Act, in which the Union committed itself to create a single market and at the same time establish on its territory the freedom of movement of people, goods, services as well as capital, to Maastricht Treaty, which brought the Union into reality and led to common foreign policy and cooperation in the area of justice and internal affairs as a higher level cooperation among Member States. Then the following Amsterdam (1997) and Nice (2001) Treaties, strengthened cooperation in foreign and security policy and placed Justice and Home Affairs matters and established the frame for the Union as a legitimate institution, in which people from different nations integrated in a large region would have common historical direction and splendid future before them. Just before the door of enlargement of the Union, it was argued that the Union has to improve democracy and transparency as well as efficiency, in order to outlines the EU’s purpose and competence clearly and streamline structures so as to prevent paralysis, therefore a new constitution for the Union is determined to replace the EU's series of key treaties in passed over the last 50 years as a single document .
Under leading of former French President and master draftsman Valéry Giscard d'Estaing, the European Convention set about its work of drafting the European Union's first ever full-fledged constitution. With the convention's work completed, the draft must now be finalized by an Intergovernmental Conference of European leaders that is expected to complete deliberations by the end of the 2003. As far as our topic is concerned, noticeably modifications come out in the constitution contract, first of all, the incorporation of the Charter of Fundamental Rights, which we will discuss later. In the beginning it is meaningful to consider the statues of the draft constitution in the progress course of the Union. The Union desires to bring peace and prosperity, to promote economic and social progress through continuously integrating market and expanding freedom under light of united institution and social systems . These goals, however, are the foundation of development and protection of human rights . That means, if we regard human rights as a series right which realized at first in peaceful and law-ruling society, then the Union has already kept on entrenching to appreciate these goal from beginning on, and now by means of perusing such goal in a larger region through enlargement, the EU’s influence extent to broader area and more people.
The draft constitution then in such context should be viewed as another historical phase in the process. Because the promoting of well-being and fortune of people depend not only on the development of economic situation and adding some single freedom clauses into the governmental documents, but also upon the entire politic system and background in which we live. Without governing based on democratic and effective institutional structure, and especially a ripe legislation and judiciary mechanism, the realization and protection of human rights could only be on the paper. This is also one of the motive caused the Declaration on the future of the European Union which committed the Union to becoming more democratic, more transparent and effective, in order to pave the way for a Constitution in response to the expectations of the people of Europe . In this perspective, one shall recognize the Constitution as a moving forward step of the whole EU institutionalization targeting its goal, so that to discuss the Constitution in connection with the human right protection, it is helpful to review the human rights protection in Europe and, especially in EU.
2 short review of the human rights protection in European Union
The protection of human rights has been internationally come to life in the Universal Declaration of Human Rights in 1948 (UDHR) with reorganization of disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind and respect for inherent dignity as well as the equal rights of all members of the human. This declaration states explicitly that the rights and freedoms of humans have to be guaranteed without distinction and destruction by any group, state or person. These principles were broadly accepted by European countries, considering the origin of the EU (EC) and the historical separation in Europe after WWII, we denote only the contracting countries of European Community.
For the Member States of EC, the Council of Europe has been up to now the most important instrument, which established in 1949 as a result of the Congress of Europe in The Hague , and took for the basic of the human rights protection. The Council accepted the principles of Universal Declaration of Human Rights and integrated it into The European Convention for the Protection of Human Rights (the Convention hereafter), which and its 12 Protocols turned out to be the significant resource for Human Rights protection in Europe. Because of the existence of the Convention, the other two organizations established in the same age aftermath of the Second World War, i.e. OEEC and the European Communities didn’t include relevant clauses for Human Rights protection into their founding treaties. Since it was agreed at that time, the Council of Europe would focus on the protection of human rights, fundamental freedoms and democratic values, whereas the OECD and the European Communities were to be concerned with the economic restoration of Europe. The reason of separate organizations was based on a view to avoiding economic excuses for future inhumanity. Another reason came from the thought, which believed that the process of economic integration set forth in the Community Treaties could not lead to a violation of human rights. Furthermore, the original Member States in the Treaty of Rome feared, that the inclusion of a "bill of rights" in the Treaty might have brought about an undesirable expansion of Community powers, since it could lead Community institutions to interpret their powers as extending to anything not explicitly prohibited by the enumerated guarantees.
Under the regime of Council of Europe, a lots of achievement of human rights improvement has been reached , yet along with the development and expansion of EU, another mechanism on protection of human rights which does not totally rely on the Council of Europe has derived out on one hand, on the other hand being lack of provisions ruling human rights protection in the Treaty establishing EC did not prevent the EC and the later European Union from providing care for the protection against the violations on human rights. Naturally, how could a swelling supranational organization as EC, which has been continually strengthening its power in all social aspects, does not involve in human rights issues especially when the consciousness of human rights nowadays become more significant both in international and national stages? Regarding to EU, The protection system has been formed in three aspects.
First of all, the legislation in the Member States of EU. Since there were no Member States of EU (EC) which accedes to the Community without being a member of the Council of Europe, and according to the Convention, it impose obligations on the Member States that they should ensure that the internal laws and practices comply with the human rights standards set out in the instruments. Very member states in EU have recognize the principles derived from the Convention and incorporated them somehow into national laws, most importantly, provided constitutive protection as the basic legal resource for human rights protection. For example in Germany, Basic Law (Grundgesetz) Art 1 to 19 deliver explicit provisions even beyond the Convention; the same case as Part VIII (§71-85) in Constitution of Denmark ; in Britain the Act of Human Rights came into force on 2 October 2000 steers extending a ways, in which the Convention can be used before domestic courts. Certainly, according to the classic human rights lessons, the basic protection of human rights could only be afforded at the national level through national legislation and excise of authoritative power.
Secondly, the institutions and legislation at the EU level acts also with high respect to the human rights protection. The EU has showed its commitment to human rights and fundamental freedoms and has explicitly confirmed the EU's attachment to fundamental social rights ever since its establishment.
The Amsterdam Treaty established procedures intended to secure their protection. It was ascertained, as a general principle, that the European Union should respect human rights and fundamental freedoms, upon which the Union is founded. For the first time a procedure is introduced, according to which severe and continuing violations of Fundamental Rights can lead to suspension of voting and other rights of a member state, if the Union determined the existence of a serious and persistent breach of these principles by that Member State. As to the Candidate countries, they should also respect these principles to join the Union. Furthermore, It has also given the European Court of Justice the power to ensure respect of fundamental rights and freedoms by the European institutions. In accordance with the inner requirement for the implementation of development cooperation operations, in order to reach objective of developing and consolidating democracy, EU also need its rule respecting for human rights. Such cases we have are for instance the EU Council’s regulation on human rights, Council Regulation (EC) No 975/199 and Council Regulation (EC) No 976/1999 for example, are aimed at providing technical and financial aid for operations to promote and protect of civil and political rights as well as economic, social and cultural rights etc.
Likewise, at their meeting in Cologne in June 1999, EU leaders declared that in respect to the current stage of progress of the European Union, the fundamental rights applicable at Union level should be pushed forward, namely be consolidated in a Charter and thereby made more evident. They argued, that the legal resources of human rights protection come from not only the European Convention of Human Right, but also from various international conventions drawn up by the Council of Europe as well as the United Nations and the International Labor Organization, they also include EU treaties themselves and from the case law of the European Court of Justice. As a result, a Charter of Fundamental Rights of the European Union (the Charter hereinafter) was sketch out, which highlighted the EU’s respect for human rights, for fundamental freedoms and for the principle of democracy through listing more rights a more precise definition of the common values comparing the early documents including the Convention. We will continue to concentrate on the Charter in point 3 since it has been integrated in the draft Constitution as an outstanding achievement.
Finally, the opinion and case-law of European Court of Justice (ECJ hereafter) also have immense impact on the establishment of the instrument of human rights protection within EU.
Although the jurisprudence developed by the ECJ recognizes the Convention as the standard-setter in cases in which the Court has to consider and decide a human rights issue, since there were no relevant legislation existed in the frame of the Community, the ECJ furnish itself power in this aspect by means of case-law. Earlier in 1974, the ECJ first made reference to the ECHR in the Nold judgment, in which the ECJ emphasized its commitment to fundamental human rights based on the constitutional traditions of the Member States’ fundamental rights form an integral part of the general principles of law which the Court enforces. In assuring the protection of such rights, the Court is required to base itself on the constitutional traditions common to the Member States and therefore could not allow measures, which are incompatible with the fundamental rights recognized and guaranteed by the constitutions of such States. The ECJ declared, that the international treaties on the protection of human rights in which the Member States have cooperated or to which they have adhered could also supply indications which may be taken into account within the framework of Community law.
That implied, even without clear regulations in the treaties, the remedy against violation on human rights could also be provided within the framework of the Community in respect for the common traditions applied to the Member States, and in connection with we have mentioned about the Member States’ above, the principles and resource applied to the Member States derived from the Council of Europe. Thus a EU standard could be established by transform a rating comparison of the members’ legal systems to the case-law in ECJ in respect for human rights.
