The Spiritual Characteristics Of Modern Chinese Culture Of Rights

At all times, the confliction and fusion between different cultures in different space and regions has always existed. That leads to the phenomenon that makes their original culture dissimilated and assimilated, and then turns into a new born culture. This is the universal laws of human society that everyone knows. The implication of “transformation” in the culture of different space and regions is highlighted. If we focus on China in the modern context, the modern history of China has gone through the process that from the stage of the “westernization” to the stage of the “transforming the westernization”. The western civilization has strong effected on the modern history of China that shows the way of the modernization of China and the experiences of the modernization, and the pattern of the history of the modernization of China. And also during this process, the western civilization and western theories have encountered with the culture of China in Chinese context, it ultimately results in the clash and harmonious between cultures. The western civilization and western theories expresses obvious Chinese characteristics that are called “sinicization”. The western civilization and western theories have been transformed and changed, and then shows Chinese features.The modernization of rule of law is an important part of the modernization of China, and that also is the core objective of the modernization of China. It has been experienced the development from the process of impatience, intenseness and blindness to the clam, rational and localization process. The growth and development of the culture of rights which as the core characterization and one of the outstanding features of the rule of law is deeply influenced by the western civilization culture of rights and western rights theories. And the culture of rights which originated from the west also has changed and also has been rational reconstructed. In such circumstance, when the western culture of rights encountered with traditional Chinese rights theories, the western culture of rights not only has been transformed and changed, and also has communicated with traditional Chinese rights theories, and then presents some Chinese features. Then the new culture of rights of China was born. That is modern Chinese culture of rights. Apparently, this modern Chinese culture of rights obviously has Chinese characteristics.The growth and development of modern Chinese culture of rights is the essential insight and the crucial assignment. The integral structure of Chinese culture of rights decides Chinese rule of law. Since the concept of “rights” was first translated in China until the establishment of the P. R. C, it has been past one hundred years. It is necessary for us to survey modern Chinese culture of rights from multiple perspectives. These perspectives and issues include that how to sort out and clear up the culture of rights in this historical period, and how to summarize and abstract Chinese characteristics of this culture of right, how to exposit and interpret the mechanism and causes of course of Chinese culture of rights, how to perceive and comment the existed form and generative process about Chinese culture of rights. And then we could reconstruct Chinese culture of rights and find out its future. We should reflect these theoretical themes and practical issues during the process of the modernization of China, especially the modernization of rule of law in China. Those above issues are the basic and essential issues which we must respond, especially during the process of promoting the construction of Chinese rule of law.The word about ‘rights' and the other related concepts which have been translated in the early period and then have been widely spread and used in China has significant effect for raising modern Chinese culture of rights. The process of the origin of modern Chinese culture of rights was such complicated course of ideological conceptions and discourse practice which contains translation and selection about the word of ‘rights' and other related concepts. Modern Chinese concept of rights is not only deeply influenced by the western culture of rights, also has profound signs of sinicization when it was born. It shows that modern Chinese concept of rights has many unique Chineseness characteristics which include the complication of modern Chinese concept of rights, and the positivism of modern Chinese concept of rights, and modern Chinese concept of rights is intended to be public and power oriented. In some way these above issues also predict evolution path and set the tone and direction for modern Chinese culture of rights.The growth and development about modern Chinese culture of rights is influenced deeply by the conception of rights of China. And elites at that time who held the ideologies of rights were ‘change agents' of modern Chinese culture of rights. They were also transmitters for the western ideology of rights, and advisers for Chinese political institution, and torchbearers who popularized the conception of rights to people in China. But meanwhile, these elites themselves also have three major issues. Those issues include that they also have scarcities about the conception of rights as transmitters, and have misunderstandings as advisers, and have their own paradoxes as torchbearers who popularize the conception of rights to people in China. For the development of Chinese culture of rights in the contemporary era, we should not only inherit the legacy about these ideologies of rights, and also we should reform the principles of ideologies of rights. We should hold the perspective and standpoint of Chinese, standpoint of life, and standpoint of citizen.Modern Chinese culture of rights has been shaped deeply by the modern conception of national states and appears distinct stand of nationalistic. It has reflected in three main aspects, rights originate from the state, and rights serve the state, and rights are subject to the state. The political mission for modern China is national salvation movement which is the reason that leads to the stand of nationalistic. It also has brought some issues. The paradox relationship between ‘the state rights are priority' and ‘the rights of people based' is the most difficult issue. We should take the relation between the state rights and the rights of people seriously in future.Modern Chinese culture of rights is different from the modern western society which is based on the conception of individual rights which as the critical subject and fundamental foundation. The modern Chinese culture of rights shows an apparently unique collectivism inclination. It expresses two aspects that one is collectivization of the subject of rights and another is collectivization of the value of rights. The formation of collectivism inclination of the consciousness of rights mainly because it is influenced deeply by the traditional political ideology and culture in our country, and it is shaped profoundly by the political and social situations in the specific time, and also the western theories of rights have promoted further development of consciousness of rights. The collectivism inclination of the consciousness of rights has produced some results. These results include that individual rights have been shrinking, and the subject of rights starts to appear the differentiation, and the nature of rights shows its nature of publicity. These above restrict the growth and development of consciousness and practice of rights which centre on individual rights in China. The development of Chinese culture of rights in future should concentrate on promoting and protecting individual rights, and then correct collectivism inclination. And also we should shape the new tradition of culture of rights which could harmonize individual rights and collective rights.Righs is essential element of modern rule of law. The construction of Chinese rule of law needs construct the culture of rule of law. The cultivation of culture of rights holds practical significance for the construction of Chinese rule of law. The cultivation and development of Chinese culture of rights in future not only need criticize and reflect misunderstanding and defection of modern Chinese culture of rights, but also need inherit historical tradition and valuable experience resource which base on review and summarize modern Chinese culture of rights. The development of Chinese culture of rights in future should hold the perspective and standpoint of Chinese, standpoint of life, and standpoint of citizen. The development of Chinese culture of rights in future should take the relation between the state rights and the rights of people seriously. Chinese culture of rights in future should lay the spiritual foundation for the construction of Chinese rule of law.