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Between The Individual And The State

Posted on:2008-09-02Degree:MasterType:Thesis
Country:ChinaCandidate:C X DongFull Text:PDF
GTID:2206360215473193Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Now China is occupying to the modern society comprehensive reformingtime, is a right time. Looking back on hundred year ago tum of the century, recentChina experienced from the tradition to the modern society, chinese intellectualswhen sought roads of rich country, focused on human rights, hoped for moldsthrough the people right spirit achieves the country prosperous common people'sstrong goals. 'Take the history as a mirror; we can know the success and failure',the course which the analysis recent China right idea evolves, is reconsideringChina's human rights construction success and failure mirror. This article goal is,through analyzes the right idea expression of reforming time, summarizing themodel significances to the Chinese human rights.In ancient China, "quanli" was a derogatory word. After Ding Weiliangtranslating "right" to "quanli ", then" quanli "entrusted new significances. 1895to 1920 is the Chinese modern times reforming time, the right idea obtains theconsiderable development in this time. In saves the nation from subjugation underthe historical mission, the right idea evolves throughout centers on the countryindependently to launch with individual independent relations.The Sino-Japanese War of 1894-95 to the Reform Movement of 1898 time, isthe first stage which the right idea evolves. The war's defeat made the Chinesepondering the national independence, many intellectuals discovered the westernnations' strong precisely lied in their people to be strong, but the people strong liein the people to be authorized to. Thereupon they realized that nationalindependence connected with people's independent right. "Everybody haveindependent right" and "the civil rights" were right idea expressions in this time.The Geng Zi emergency to the new deal time, is the second stage which theright idea evolved. "Everybody have Independent right" and "the civil rights"gradually changed "right" to express the individual independency. Along with thewestem ideological trends were introduced, the intellectuals started to proof thesignificance with individual independence and national independence from thewestem natural law idea or the social theory of evolution. The 1911 Revolution to the May 4th New Culture Movement time, is thethird stage which the right idea evolved. The right idea became the suddenlytransformation in this time. First, the 1911 Revolution time, the individual rightwas regarded as the national formidable barrier, gradually forgotting by the person.After the second revolution defeat, the intellectuals started to compromise betweenthe individual right and the national relations, the individual right was establishedfor the national establishment foundation and goal. Along with the May 4th NewCulture Movement startde, the right was regarded as the new morals, theindividual right had been higher than the national sovereignty. But the May 4thNew Culture Movement later periods, while "the science" and "the democracy"become the spirit expression of the age, the right was gradually neglected.Finally, the conclusion partially summarized the path and the characteristic ofright idea in the modern reforming time, as well as to modern reforming timehuman rights construction enlightenment. The author believed that, in the modernreforming time of China, urgently deal with the good two relations of the humanrights construction, namely the relations between national power and individualright, as well as the relations between human rights and science, democracy.
Keywords/Search Tags:Recent China, Social reforming, Right, Individual independent, Nation
PDF Full Text Request
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