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The “New” Civil Rights And “Old” Sovereign

Posted on:2016-11-13Degree:MasterType:Thesis
Country:ChinaCandidate:W MaFull Text:PDF
GTID:2295330461463022Subject:Constitution and Administrative Law
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At the end of 19 th century, the early civil rights thought came to China. It was based on natural rights, and it was used to fight for political rights by the bourgeoisie. This had made the Qing court ruling class in the part of the feudal monarchy thought that they received the serious threat. Zhang zhidong westernization movement in the late representative duly issued on learning more to the idea of civil rights. He wanted to defend laws the rationality of the crime and the legitimacy of feudal autocracy. And the representative figure of the reformists, He qi, Hu Liyuan from the standpoint of the emerging national bourgeoisie, on the basis of the reformation, draw lessons from western democracy thought, parliament proposed civil rights such as political, constitutional monarchy thought towards Zhang zhidong’s return. Then, who took over traditional laws principalities and civil rights content began.Controversy was around to "xing civil rights", "a house". Zhang zhidong relied on "the power of the court",opened a wave against the "civil rights" current of thought and political reform theory. His thoughts focused on the following three aspects: First of all, analysised the reason and the harm of civil rights unacceptable; Second, advocate took laws to safeguard the order of the feudal rule; Third, the concept of civil rights and parliamentary system had been rejected, to court called for a spirit. According to Zhang zhidong conservative rhetoric against civil rights, people in the reform launched fierce counterattack. He qi, Hu Liyuan used <<quan xue pian(shuhou)>> fighted againest the representative. Their thoughts were concentrated in the "New Deal true interpretation ".This book had criticized Zhang zhidong advocate takes zero and maintained sovereignty absurd thought. They actively promoted the civil rights thought and theory of natural rights. First, they used the theory of natural rights to advocate civil rights for national salvation. Second, they took comprehensive criticized the feudal laws,overthrew the autocratic monarchy of theoretical foundation. Third,they praised civil rights coexist coexistence of constitutional monarchy in the reform. In view of the parliamentary system,they put forward specific ideas. In this content, He qi, Hu Liyuan’s civil rights to "learning" negation criticism hit the nail on the head, the key of every shot Zhang zhidong. Especially their theory of natural rights of publicity and Zhang zhidong infuriated cry for civil rights, even three years after the <<quan xue pian(shuhou)>> publication, Zhang still bear grudges in mind,he jumpt on any Hu and his work. He thought the book’s purpose was designed to help Kang Liang pointed out the man.It was a frenzied without fear.Zhang zhidong’s "learning" was to combat Kang youwei’s theory of political reform, certainly strongly promoted by the qing court and spread by the authorities.It can be said to be the mainstream of that time. And He qi, Hu Liyuan are mainly abroad.Their impact on domestic scholars relative was not so big. But their civil rights, people-oriented thoughts greatly exceeded the landlord class, and became the source of the modern civil rights thought in China.
Keywords/Search Tags:Human rights, Zero crime, Western science and technology, Sovereignty, Civil rights
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