Study Of The Shenjia This Human Rights Thinking

Because the autarchy system of Chinese ancient society, especially of the feudalistic society, the phenomenon of trampling on human rights exisited in the Chinese history for a long time, but meanwhile Chinese ancient history also possessed plenty of human rights thoughts and the relevant systems which were helpful to protect human rights. And it was these thoughts that provided the part thought material for the formation of Shen Jiaben's human rights thought.Shen Jiaben was a jurist rooting in Chinese traditional culture, but he was a open-minded thinker and cherished the thoughtway of learning not only from Chinese traditional culture and but from western civilization. He made very deep research into Chinese ancient law, but he also studied the western advanced law, absorb its beneficial composition. Shen Jiaben laid the foundation of his human rights view on bourgeois human rights thought of western modern age, as well as absorbing the Chinese traditional humanitarianism.Firstly, The main contents of Shen Jiaben's human rights thought expressed the protection of the citizen's life rights and personal rights. It mainly was embodied in his assertion of convicting and punishing all by law, of abolishing comparisons, of changing heavy punishments to light ones and deleting torture etc. Because those old rules and principles were often practised randomly and bloodily, Shen Jiaben's assertion was in favor of protect the human rights. Secondly, Shen Jiaben safeguarded people's equal right. Shen Jiaben opposed Chinese traditional inequality of people. He thought lawmaking and judicature should take "good and evil" as the standard, not the rank. Qing's law characterised classical crackdown, as well as racial crackdown. Shen Jiaben believed in racial equality, he thought one nationality should trade with others equally. Shen Jiaben opposed the Chinese traditional inequality between the men and women, he also opposed the legal discrimination against women. Shen Jiaben argued against the phenomena of buying and selling human, he thought enslavement must be abolished. Thirdly, Shen Jiaben advocated reforming thejudiciary to ensure the human rights. He believed in judiciary independence and introduced western justification system and attorney system to reform Chinese traditional unenlightened judiciary, according to the principle of civilizing influence, Shen Jiaben advocated coping western civilized prison system and reforming the Qing's prison. Finally, Shen Jiaben opposed feodal ideology bondage on human rights, breakthroughing the hedge of Chinese traditional Confucian teaching. Shen Jiaben's reforming spring the coping western civilized prison system, between the jurist which Shen Jiaben took the lead and the standpatters which Lao Laixuan took the lead. Though the standpatters were defeated in the end, but people's human rights mind were enlightened.Through his legal reforming, Shen Jiaben constituted integrated latter-day legal system, resulting in disaggregation of Chinese legal family directly, and impacted Chinese traditional feudal ethic fiercely. His reformation also accelerated Chinese latter-day national capitalist economy development, liberated people's idea, advanced Chinese latter-day human rights and legal system modernization. But as a whole, Shen Jiaben's human rights thought fell into transition from traditional humanitarianism to human rights thought, he couldn't get rid of temporal and classical conscious localization. In his thought, there were many deficiency, Shen Jiaben still was not a pure human rights thinker. But we later generations shouldn't blame this precursor, he was only a reformer, but not a revolutionist. As a feudal officer, Shen Jiaben could worry about his country and his people and make a determined effort to reform, he embodied the social responsibility, justice and patriotism, his spirit is worthy of worshipful by all of us. Shen Jiaben's human rights thought played a important role in the development of Chinese latter-day human rights. Today, the achievement of whole anthropic human rights owe the success to the contribution by Shen Jiaben and other forerunners.Learning Shen Jiaben's human rights thought have contemporary meaning, as well as historical meaning. Through analyzing Shen Jiaben's thought, firstly, we can draw the following conclusion that the path of human rights undertaking is zigzag,and we will face all kind of disagreements or disputes. But we shall succeed in pursuing our goal, for our cause is righteous, reflecting the historical trend. Secondly, it can be speaking, the human rights is correlative with the social surroundings and cannot be detached. So, reforming the whole social system is all-important to develop the human rights. Therefore, we can boost the development of Chinese latter-day human rights, only by develop socialistic market economy, democratic, legal system, and spiritual civilization. Finally , we can use the way of thinking and learning by Shen Jiaben for reference, calmly comparing our human rights system with the ones of other countrys , without prejudice to anyone, would be a prerequisite to more advanced human rights development.