The Study Of The Human Rights Legislations In The New China In 1949-1956

In its inception in 1949,the People's Republic of China encounted a range of issues that were left over from the Nanjing National Government in the politics,economy,society and culture fileds,the government of New China which was conducted by the Communist Party of China and influenced by other democratic parities did a series of work to consolidate the national order,restore the national economy,stabilize people's lives,and then carried out the socialist reform.In this period of social change,the protection of right especially the human rights was the most important thing to the Chinese people who had been afflicted severely in the Old China,and was the distinctive mark between the New China and the Old. Against such background the government of New China passed a lot of human rights legislations to protect the people's human rights conscientiously.The human rights legislations in the initial stage of the New China is not only successive but also innovative.It abolished the Kuomintang Government's legal system and bulided a new one which was instructed by the Marxist human rights view and Mao Zedong's human rights view.It consulted the experience of "human rights provisional constitution" in the period of Communist Party's revolution base,and made the style for the later human rights legislations.The period from 1949 to 1956 in which the New China enacted its early human rights legislations can be divided into two parts:the period from 1949 to 1953 and the period from 1954 to 1956,these two periods were different at background,form and focus. The former is the period of restoring the national economy, the human rights legislations in this period included the Common Program which was enacted by the CPPCC and played the role of interim Constitution and other special legislations,the focus of these legislations was to protect survival rights,equal rights and elective franchise.The latter was the period of the socialist reform, the human rights legislations in this period included Constitution in 1954 which was enacted by the National People's Congress and other special legislations,the human rights legislations in this period is fewer than the former and the contents of them could provide further and specific protection based on the former legislations.The human rights legislations in the initial stage of the New China made up the primary legal system for protecting people's right,defined the contents and range of human rights which could be protectd in this period,provided the foundation for people to enjoy their right.The legislations had many features,that were as follows:the construction of the human rights system and the evolution of the human rights culture were uncoordinated,the CCP leaded the process of legislating, the human rights legislations were designed to meet political needs,the human rights legislations took legal protectionism, the human rights security prefered the administrative means to the judicial means,etc.Because the legislations represented the will of the people,the procedure was democratic,so the range of the owners of the human rights and the contents of the legislations were extensive, the security approachs were various,and the normative nature and system integrity were higher than those made in the period of Communist Party's revolution base.But because in the period of the initial stage of the New China the society changed so much that the legislations' instructive view was greatly different from that of the Kuomintang government's,and thus the New China government abolished the former legal system and reconstructed a new one,it made the human rights legislations be affected by the thoughts of ruling of man and tyranny from the Chinese traditional ideology heavily,the government's power was highly concentrated,the ruling party's power was unrestricted,the constitution and legislations were instrumentalized,human rights view was superficial, rights content is relatively few and right security was lack of operability,etc.This article reviewes and analyzes the human rights legislations in the initial stage of the New China so as to grasp their contents and have an objective view about them in order to have a good effect on promoting the modern human rights legislations.