| There are different comprehensions for human rights, because countries are different from natural environments, history tradition, economical level, polity, culture and social forms. The history tradition of culture is the most important factor for human rights. The mind and behavior are sculptured by tradition, and the rational think, moral judge, idea of value and pursuit of ideal are all derived from cultural tradition. We should review the human rights in the specific background of cultural history. The thesis discusses the process of the human rights formation, and analyses why modern theory of human rights couldn't come into being in the China traditional society. The accomplishment of human rights is depended on rule of law. The most important purpose of rule of law is to protect the human rights.The whole thesis is divided into five parts, including preface, chapter one to three and the ending.In the preface, the author introduces the consecution of this thesis.Chapter One expounds the course of the information of human rights in the Occident. The human rights in the Occident originate from the natural law in the old Greece and the Christianity. According to the Renaissance, the Reformation and the Enlightenment, the modern theory of human rights is established. Chapter Two analyses the consciousness of human rights in the Confucianism that includes the confirmation of human being, the recognition of common people and life. However, the traditional culture in China prohibits the development of individualism, right idea and rule of law. The modern theory of human rights couldn't come true in China.Chapter Three discusses how to protect human rights by rule of law. First of all, rule of law indicates the recognition of individualism, right idea and freedom. Also, the human rights are protected by the Constitution, administration and the judicature. The ending emphasizes rule of law should benefit for building a harmonious society. |
