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On The Western Concept Of Human Rights On The Impact Of The Late Qing Dynasty Penal Reform

Posted on:2009-06-19Degree:MasterType:Thesis
Country:ChinaCandidate:Y FangFull Text:PDF
GTID:2166360245494641Subject:China's modern history
Abstract/Summary:PDF Full Text Request
As China gradually moving towards in-depth reform of the political system, the building of the legal system has increasingly come under more people's attention. During this period, depth discussions on the Western concept of human rights to China's legal system reform, the impact of end of the Qing dynasty, we are building of the legal system can provide many valuable lessons. Stimulated end of the Qing Dynasty is a change in the age of chaos, many Western ideology and theory with gunboats from disorderly castrated. The Qing government based on the pressure change in the history of the construction of China's legal system took a precious and difficult step, which is to the west's "natural rights" and the introduction of China, as well as the guidance, had a modern sense to the building of the legal system. This transformation of the traditional hard-line forces were although the firm resistance, but he concepts about China's legal system changes which will never be obliterated.In this paper to explore the West "natural rights" of the origin of the concept as a starting point, with the Qing government and the rule of law reform process, we have clearly demonstrated to the Qing Dynasty of China's legal system and the legal concept of the process of transforming the concept. This paper mainly from the start on the following three parts:The first part, mainly from the perspective of the history of thought on the West "natural rights" a concept, the history of the development process, as well as its modern Western criminal law system development. "Human rights" as an abstract concept, in different historical periods, and its contents vary, and in this case involving the background of the times, during this period of Chinese thinkers are mainly classic "natural rights" theory. "Natural rights" theory as a political ideology, the modern Western criminal law has played an important role in promoting this.The second part, mainly analyzes the introduction of the Late Qing Dynasty of China's concept of human rights causes, and elaborates on the concept of human rights to China's influence. Modern Western concept of human rights into China, and for reasons accepted by the people very complicated. The decline of the Qing government's rule, for the various political forces to provide an opportunity to rise, as a political concept of the concept of human rights, when is emerging forces for the purpose of achieving its political thinking of a tool was introduced. Western civilization system in its powerful military and economic power under the encapsulation into China, "human rights" theory were introduced to China by external factors.The third part, from the point of view of the history of the system, and use of literature, specifically addressed the concept of human rights on China's criminal legal system reforms. Western modern criminal law is the basic principle of this period of the Qing Dynasty absorbed by the relevant legislation into law guiding ideology.The papers for criminal law reform as the central task and, in conjunction with the West "natural rights" theory, we discuss the modernization of the Chinese and Western thought and practices to provide a different perspective. He also hoped the adoption of this article was the real social issues in the provision of better solutions based on historical experience.
Keywords/Search Tags:human rights, natural rights, late Qing dynasty, criminal law, reform
PDF Full Text Request
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