The Study Of Human Right Legislations Of Nanjing National Government

Human rights are not rooted in China, but transplanted into China after the Opium War. Today many countries have recognized the importance of human rights and take efforts to protect human rights. The legislative provisions are an important means to protect the human rights. If there are no provisions of law, human rights will be difficult to achieve. So the protection of human rights is inseparable from the provisions of legislation. From the year of 1927 to the year of 1949, the Nanjing National Government ruled 22 years in China During this period, it established the one-party dictatorship of the Kuomintang and Chiang Kai-shek's personal dictatorship. But in order to consolidate the rule, also to adapt the tide of history, it passed a series of legislations to protect human rights. As products of the society at that time, these legislations reflect the times' requirements. These legislations are an integral part of the history of the human rights system.In the beginning of the establishment of the Nanjing National Government, it faced a chaotic society and the imperialist invasion. The Chinese people are eager to be independent and peaceful. To achieve the independence of the nation is a major task in this period, so the legislations placed the independence of the Nation in the first place, and the rights of individuals on the second. In addition, human rights legislation has also been impacted by the human rights movement. These human rights legislations are founded on the basis of military strength, so they are not guarantee the realization of human rights.Nanjing National Government's legislations were drew up in the basis of the Sun Yat-sen's human rights theory. They reflect the theory of three People's Principles, the theory of Five-power constitution and the theory of the Founding of three stages in their structures and contents. They inherited the idea of human rights of Sun Yat-sen to a certain extent. They drew on the relevant provisions of the West, and introduced a number of western's advanced principles and systems, which were beneficial to the development of human rights. But they were conservative in the same time. The legislative provisions and the practice were divorced, and the provisions didn't be carried out into practice. These laws make us recognize the protection of human rights can not simply rely on the provisions of legislation, but also need to establish a perfect relief mechanisms, and to restrict the authority of government to prevent the invasion of public power. At the same time, we should recognize the real value of human rights.These human rights legislations were not carried out into practice, but we can not deny their progressive. Studying these legislations can help us to learn the course of development in China. So looking over the Nanjing National Government's human rights legislations is conducive to a better understanding of different periods of Chinese history. It's good for our construction of human rights.