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A Study Of Modern Chinese Concept Of Human Rights

Posted on:2008-05-18Degree:DoctorType:Dissertation
Country:ChinaCandidate:L Q ZhangFull Text:PDF
GTID:1116360218461337Subject:Legal theory
Abstract/Summary:PDF Full Text Request
How do modern Chinese interpret the concept of human rights originating from the West based on western culture? How do modern Chinese see the relationship between human rights and personal dignity? This is what the dissertation mainly intends to discuss.By way of methodology of historical and philosophical analysis, the dissertation makes a study of modern Chinese concept of human rights taking the relationship between human rights and personal dignity as the core clue and modern legal publications as the main source of information.The dissertation is made up of six chapters. Chapter one has a general description of how Late-Qing Dynasty scholars perceive a person from a perspective of philosophy, on which background of thought modern concept of human rights comes into being. Chapter two expounds ideological characteristics of Chinese human rights at its emerging phase with a research of"Complete Writings on Implementing Universal"by Kang Youwei. Chapter three tries to explore logical relationship between tool value of human rights and purpose value of human rights with an analysis of"New People's Miscellany"by Liang Qichao. Chapter four has a study of concept of human rights in the period of New Culture Movement in China by examining articles from"New Youth"from a legal standpoint; Chapter five deals with concept of human rights in the trend of thought of legal socialization through case study in legal texts. Chapter six analyzes the debate on concepts of human rights by Luo-Longji and Zhang-Yuanruo on the background of human rights movement and tries to present a way of how modern Chinese human rights develop.Modern Chinese concept of human rights sees a process of gradual deepening and incessant change with slight differing content in different periods. But all in all, something relatively unified is embodied in the thought of modern Chinese throughout ever-changing historical trend, that is, limitless personal dignity and freedom doesn't become the mainstream of intellectuals in modern China. Modern Chinese come to realize that human rights are realized through an individual person, meanwhile human rights are confined to some limits in a moral and social manner. The key reason that modern concept of human rights comes into being is driven by modern Chinese's theory of human nature. In conclusion the dissertation has a summarization and analysis concept of modern Chinese human rights and has a brief review of the ongoing legal construction.A study of the concept of modern Chinese human rights has its great significance in theory and in reality. It can serve as a reference and inspiration for an academic understanding of the concept of human rights in theory and a basis for a comprehension of current Chinese legal culture much to the benefit of advancing China's human rights development and legal culture construction at large at present.
Keywords/Search Tags:Human Rights Personal, Dignity and Freedom, Truth of Morality
PDF Full Text Request
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