Survey Of Research On Problems Of Rights In Contemporary China

Rights have been the most important issue in China law research. Today in China, with the wide range and in-depth adoption of Chinese reform and opening up, China law research gains great development since the third plenary session of the eleventh central committee of the CPC(the communist party of China). At the same time, the practices of the rule of law in China have made great progress. In fact, the development and progress in legal theory and the rule of law depend on the awareness of rights and on thick foundation of the study of right theory in the field of legal theory.It can be said that the conscious and comprehensive study in the field of legal theory on the new situation in the new period sounded the theme of the development in legal research and the practices of the rule of law in recent thirty years, but the depth and breadth must be advanced. We will make more efforts on this respect. Academic significance and theoretical value on Chinese right issues have not been seriously and thoroughly reflected and systemically settled. Looking back and examining the history of the study on right issues is the indispensable element for the"toward the future"of rights. Such researches cannot deviate from the era they are in. On the country, they should develop with the era, although the controversy will still be hot with some successes gained.This paper can be divided into three parts, namely the introduction, the main text, the conclusion. In addition, the second part consists of six chapters.The introduction elaborates briefly the background and the significance of Researches on Problems of Rights in Contemporary China. It means that this paper concentrates on the whole academic history of right issues.Chapter one is devoted to the analysis of the historical background of Research on Right issues in Contemporary China. It shows two aspects, the practice background and the theory background. The practice background will cover the international background of globalization and the national background of democracy, the economic transformation and the social transition. The theory background consists of the background of philosophy, the sociology, the subjects and the knowledge. The philosophy background presents emancipation of the mind and constant progress, especially on value philosophy; the sociology background presents the rising of academic Consciousness; the subject's background presented by the Research and investment is multiple. The knowledge background presents the widely and profoundly impacts of the Abroad academic thought.Chapter two tackles with the"academic history of today right issues". This paper tries to divide the study into five Periods in accordance with the chronological order of the development of law. Each period has different characters. As a result, we will find that the study of right issues have constant processes through almost thirty years. The so-called"innovation of thought"isn't"brought out form air", but the outcome of deposit of academic efforts.There has been the sprout of"jurisprudence of right-duty"in the period of"Enlightenment". At that time, the factor of right-orientation is growing. There are orders of steps in the development from the theory of"jurisprudence of right-duty"to the paradigm of right-orient theory. Such is the development of the theory of the paradigm of right-orient theory to the extension of the paradigm of right-orient theory. The research of right issues focuses on claiming rights, propagandizing rights, justifying rights and practicing rights. Every step depends on the former step. As for the human rights, they start from Seeking cautious, careful demonstration to bold promotion, form the conjunction whit social intuition to the universal identification wave after wave. In this process, there were subjective factors, which Researchers determined to forge ahead positively, and the objective factor from Academic accumulation.Chapter three analyzed the theoretical debate of today's China right issues. It surveys the theory of right-orientation, the theory of obligation-orientation, the Harmony theory of right-obligation and the centric theory of right-law, especially concentrating on the differences and controversy of different theories. At last this paper gives a general comment. These theories themselvs are important contributions, and they are"groundbreaking, thorough and effective". These mutually opposed viewpoints help deepen the theory.Chapter four focuses on the renovation of China law ideas depending on right-issues research. This chapter mainly discusses two aspects, the conception of law and the conception of legal knowledge. The core of the conception of law consists of the ontology of law , the value of law, the function of law, the evolution of law. These also present in the discussion of the conception of legal knowledge. The In-depth study of right issues, especially the promotion of right-orientation, deconstructed the overwhelming position of"the doctrine of gerentocratic will". The understanding of the essence of law is multiple and further study is deepening. The pluralistic theory of law value is along with right era. The research on the rights problems promotes the rise of the humanist conception of law and it also helps to bring about the transformation from human-centered conception of law to ecological conception of law. Transformation on the function of law consists of the switch form predominant class's consciousness to universal function of law, from reigning and controlling to the function of supervision and restrictions on powers, from the instrumental function of reining people to the function of maintaining human rights, from the negative function of punishment to the active function of protection. The fruits of these studies of rights provide a perspective for the development of the conception of law, caution and remind us that we shouldn't only pay attention to the development of law from the Technologic perspective, but understand the develop of law from the perspective of the worth of law. The renovation conception of law knowledge mainly converge at the scientific conception of law, the theoretical conception of law, the existent conception of law, the critic conception of law and the opening conception of law.Chapter five focuses on the mutual relations between the problems of today's right issues in China and the methodology changes in legal theory. The studies of right issues in China conquer the puzzle as a whole, such as the struggle doctrine of classes, the doctrine of rule and the theory of obligation-orientation in legal paradigms and approaches. As a result, the new paradigm of study about law inquiry ultimately encircles rights. The transformation of paradigms and approaches of law in of contemporary China promote the methodology turn of law, as well as the specific research methods. Significantly, the study of rights brings out the proposion of methodological individualism. In the course of the inquiry of rights, more and more methods are accepted. Especially the analysis methods of value, of positivism and of"law and economics"are widely applied. All these contribute to the study of law.Chapter six reviews the positive impacts of research on problems of rights in contemporary China, in the domain of progresses and the developments of the contemporary theory of the China law. First, this chapter discusses the renovation of the problem awareness and the system of value. In this paper, the studies of right-issues give the abundance, development and reconstruction of legal value theory. Human rights entered into the system of law, which have been the most important value of law. Furthermore, rights imbued with all aspects and all levels of the system of law, thus enriching and expanding the value of all other meaning and content of legal value, and supporting the value of the system with other values. Second, this paper reviews the culture revolution of legal theory. The studies of rights completely promote the conversion of cultural keynote. That is the conversion from the culture of punishment to the culture of rights. The conversion boosts the idea of rights in law branches. Last, this chapter discusses the renovation of the legal reasoning. The theory of right-orientation provides the value base of legal reasoning, right reasoning. It has particular forms. Human rights are the primary principle of legal reasoning.In the part of conclusion, we find that the issues of right advanced with time, gained plentiful and substantial harvest, but these studies must continue to deepen, as well as the awareness of rights. As the basic stance and attitude of the efforts is concerned, we should pay more attention to the following, that is, global perspective, realism position, independent theoretic purport and multiple methods.