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The Constitutional Studies Of The Awareness Of Civil Rights

Posted on:2011-03-09Degree:MasterType:Thesis
Country:ChinaCandidate:H B YangFull Text:PDF
GTID:2166360332955277Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
There is a common characteristic in a society whose constitutional system is functioning well——its social members have prosperous civic awareness. Observing the constitutional history of the western, we found that in Western Europe it is the emergence of the awareness of civil rights——including equal right, property rights, the right to vote, and so on——that opened the transition from the medieval to modern. The emergence of the awareness of civil rights are significantly related to the development of the commodity economy in Western Europe, the tradition of Rule of Law, contractual spirit of the whole society, and it eventually promoted the establishment of democratic politics and the foundation of the civil society.From the medieval to modern, the social transition includes many aspects, such as the transition of economic model, of the Social Management mode, of the social members'concept. Because of its subjectivity and the continuity, people's concept transit most difficultly and slowly during a society's transition. The absence of citizens with modern sense will definitely results in the institutional transplantation encountering setback. It has been nearly two hundred years since the open-door in 1840. After so much humiliation and turbulence, since the Reform and opening up, for the first time China has an opportunity to develop its own market economy in a stable environment. And also during these 30 years, Chinese Ordinary people's awareness of civil rights has been springing up comprehensively. But at the same time, for most Chinese people, it is still difficult to be called qualified citizens.Does China still need to be enlightened? Some people ask the question. In my opinion, the answer is yes, furthermore, I think the enlightenment should depend more on the Institutional reform, not only on the propaganda and education of scholars and elite. Rural China has generated Chinese local character, and after two thousand years'imperialistic tradition, till now some Chinese consciousness which doesn't accord with Modern color is still ineradicable in people's concept, which means China's transition will be a very long and difficult process, and we do not have any reason to make optimistic estimate.In this paper, from the perspective of Constitutional Jurisprudence, I will try to research the awareness of civil rights under the following four aspects.The first part, "the definition of the awareness of civil rights connotation", probe primarily into the implication of the awareness of civil rights, and also compares it with several related concepts, and then discusses the relationship between the awareness of civil rights and the western contractual tradition.The second part, "on the role of the awareness of civil rights in constitutional construction", is one of the focuses of this article. Through studying the occident constitutional history, I will discuss the relationship between the awareness of civil rights and democracy, the rule of law, the civil society, and concluded that the universal establishment of the awareness of civil rights is the essential condition for the realization of constitutionalism.The third part, "Chinese consciousness——the immobility of traditional ideas and the changes since the modern times", mainly introduces some traditional concepts with medieval times'color which still occupy an important position in modern Chinese consciousness, and reviews "Chinese Enlightenment", as well as the transition of people's concept.The fourth part, "continue to Enlightenment——enlighten in what way?", consider that the Chinese Enlightenment is far from complete, and still need countless efforts. There are no other ways to cultivate citizens'awareness of rights except for empowering them. So I think the way to enlightenment rests with the institutional reform. For a qualified citizen, the awareness of rights and responsibilities are "two sides of same coin". To build China's civil society, It would inevitably take so much time that people can develop a new "habit".
Keywords/Search Tags:the awareness of civil rights, the spirit of contract, the rule of law, Enlightenment, sense of responsibility
PDF Full Text Request
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