Yan Fu’s Legal Thought Of Human Rights Research

Yan Fu interpreted On Liberty (John Mill) and The Spirit of Law (Montesquieu), criticized China’s feudal autocratic and backward legal system, and advocated the way of social reform---"Freedom as Mainstay and Democracy for Use" for China. In Yan Fu’s view, it was freedom that the western society is superior to China in politics, economy and science. It was convinced that the characteristics and functions of freedom in society were the essence and lifeline of western society. On one hand, Yan Fu actively promoted "Division of Power", and on the other hand he praised highly about the ideas of freedom, equality, and human right awarded naturally. Yan Fu thought "natural people, each with a fu give to freedom for all, old people free, each countries countries in various free, the first service to abuse without phase loss. Shooting freedom, to go against the principle that thief. It hurt to kill and steal human, financial, shooting freedom acme also. Therefore, shooting freedom, king is not, and the punishment the article chapter, is all set for this ear". As a contemporary enlightenment thinker, Yan Fu’s view on freedom is different from the West’s one. Influenced by the Chinese traditional culture, Yan Fu’s human rights law thought emphasized on the individual freedom under the premise of paying attention to group interest and freedom should be the one under the rule of law.The embodiment of Yan fu’s human rights law thought is his Three People (people’s power, people’s wisdom, and people’s mores) human right concept. As to the people’s power-personal freedom, Yan Fu advocated banning of foot-binding, opium, and feudal autocratic thought’s confine of personal freedom, and encouraged women liberation and equality between men and women. As to people’s wisdom, Yan Fu advised to abolish the old education system, set up new school to cultivate people’s wisdom so to let people express their political freedom and provide a premise for the regional autonomy and constitutional monarchy to protect human rights. Last, as to people’s mores, Yan Fu proposed that master-slave relationship be changed, monarchy be implemented, and people’s morality level and patriotism be promoted so to realize the legalized human rights. History proved that Yan Fu’s "Three People" human rights thought was due to fail because of lack of practical real situation. At the later Qing Dynasty China was in a dilemma of internal disorder and foreign invasions:at home, power of the bourgeoisie was comparatively weak while the feudal powerful; abroad, all the western strong power eyed at China with hostility. A society like " I say, fluctuation trend is not that far apart, not very honour, people not very cheap, and if one" could exist only in Yan Fu’s dream.Though the Chinese contemporary war and revolution blocked the realization of Yan Fu’s ideas, the value of his human law rights ideas could not be denied. During the prevailing feudal power time, it was Yan Fu who was strongly opposed to feudal autocracy and advocated free human law rights. His ideas and thoughts were shining with brilliant light during the20th century in China’s law ideology.The failure and practice of modern western human rights by Yan Fu suggests that contemporary China was under the deep influence of Confucianism, lack of democracy and scientific spirit. The realization of human rights under the rule of law in modern society can only be achieved when Confucianism is creatively interpreted with time significance, citizen spirit cultivated, and modern citizen society set up gradually.