Liang Ch'i-ch'ao's Ideas Of Right

Liang Ch'i-ch'ao was a great thinker in modern China.His famous works named Theory of New Citizen had a profound influence on the Chinese at that time and after then on.With richness of the Western learning,Liang Ch'i-ch'ao put forward systems solutions which were about the reform of the new people's quality.With an expectation that democratic system and a modern nation-state would be established in China,he thought the Chinese could get rid of modern national crisis and make the nation more powerful and prosperous.Theory of New Citizen not only have had a great influence in morden China,but also have been widespread research in academia up to the present.Liang Ch'i-ch'ao's theory of new citizen is great systems solutions which are about the reform of the new people's quality.The idea of right no doubt is the core of systems solutions. This thesis attends to make Theory of New Citizen as selective analysis.Many research methods such as Semantics,history,comparative research methods are be used in this thesis to analysis Liang Ch'i-ch'ao's ideas of right,as well as the rights-based relationship between the individual and community which was under the influence of western theory in Japan.Liang Ch'i-ch'ao created a "New Citizen." in the Theory of New Citizen.In his view,the "New Citizen" was a person who had civism,independent spirit,and aggressive pursuit of the interests.Replacing Confucian moral,the right was considered as a principle which distinguishes human from animal.Under the influence of the theory of natural rights,he believed a person should have the right which can not be deprived by anyone.Of course,in his view,the inalienable rights exist before the country,government and law.At the same time,he also emphasized the protection of individual rights was not only a personal affair,it was responsibility to the state.Under the influence of the societal Darwinism,he considered that the maintenance of the rights depended on the struggle of the individual.In his ideas,the legal system can determine the relationship between rights and obligations,and ensure the rights and freedoms.The adoption of specific legal rights and obligations from law,can establish the "boundary" of the right and liberty.He thought we could establish and protect individual right and freedom in the "boundary" through a system of laws and achieve coordination between the individual and community at the same time.The nation which Liang Ch'i-ch'ao expected was a nation-state as the western countries. New concept of nation-state proposed had the requirements of reconstruction the relationship between the individual and community.On the basis of the right of the individual,Liang Ch'i-ch'ao made an attempt to set up a new relationship between the individual and community:The right of the individual is the basic in the state.The existence of the state,the government and the law's fundamental purpose is to protect the individual.At the same time, in the face of the nation's peril and the historic mission of making the nation more powerful and prosperous,he emphasized personal responsibility and obligation of the state,and tried to achieve the coordinated development of the individual and the community by cultivating the people's civism and the idea of the nation,legislating and abiding the good law made by the public,and establishing democracy such as constitutional government,representative and party government."Democracy" and "Prosperous" were two major tasks modern China confronted with. On the one hand,with the modern Chinese's awakening consciousness of the right,right and liberty is taken for granted.On the other hand,get rid of the national crisis and the realization of a prosperous country became an important task modern Chinese confronted with.The problem which the Chinese confronted with is how to deal with the relationship between the individual and community.The problem modern Chinese confronted with was also the problem Liang Ch'i-ch'ao faced with.In his view,the right of the individual was basis of the country,and a rich and powerful country was bound to be set up at the basis of individual rights.At the same time,he emphasized that the relationship between the individual and the country was interdependent,and they can both finally realize the coordinated development. Liang Ch'i-ch'ao's ideas of right and his solution which is put forward to the relationship between individuals and country.had deeply influence on the modern Chinese.His theory is still an important source of inspiration and reference of the establishing a democratic system up to the present.