The Commencement And Evolution Of The Thought Of Human Rights In Modern China (1840-1912)

The dissertation deliberates the thought of human rights in modern China . The thought of human rights was reflected in the propaganda of the thinkers , the legal modernization and the transformation of social customs . The author aims to make a thorough inquiry into the process of the changing from the supremacy of monarchial power to the theory of natural rights , to draw lessons for the construction of human rights nowadays.The dissertation includes three sections . The first section reviews the hierarchy in Chinese ancient legal system and the theory of people—oriented (min ben ).The second section introduces the thought of human rights in modern China . The thinkers introduced the western culture of human rights , that is the thought of the classical natural school , and the legal system marked by The Declaration of Independence and The Declaration of Man and of The Citizens . They criticized the three cardinal guides especially the monarchial power . At the same time , there are great changes in the legal system and the society , for example , the people's rights are prescribed by The Provisional Constitution , the right of participating in political affairs, the freedom of speech, the freedom of association and assembly, the freedom of rel igion and the women's rights made progress in certain degrees .The third section analyzes the thought of human rights in modern China . The thinkers of this period absorbed the positive elements of the thought of people—oriented(min ben) , they accepted the theory of democracy in western country . They emphasized the freedom of the country rather than the freedom of individual because of the situation of internal disturbance and foreign aggression .