The Research On The Transition Of The Political Rights For Chinese Citizens In Modern China

In modern times,concepts and systems for political rights in China wereborrowed from abroad..The political rights has experienced a process from scratch,from the initial part of the citizen to all citizens,from theory to practice in modern China.The process of transformation is worth studying.Furthermore,the political rights has been ignored and invaded over a long period of time.It is worthy for us to explore the reason behind these phenomenons.This article mainly divides into six parts.In the first part,the author explains the research status and research significance.In the second part,the author introduces a process that the political rights imported from Western countries to China,then the ruler accept the political right,last the political rights take a root in modern china.The author also account the basic contents of the political rights briefly.In the third part,the author study the transition of the political rights for Chinese citizens in modern china in the laws and norms through normative analysis.In fundamental law,the subject of political rights,the forms of political rights,the terms of the limitation of political rights were refined.In ordinary law,the author selects the right to vote and the right to be elected as a visual angle,the gender,property,occupation,knowledge,experience,moral and other restrictions to political rights were canceled.In the fourth part,the author analysis the dilemma of political rights in Chinese citizen's political practice.Rulers has been violating the citizen's political rights by sabotage the elections,control the social groups,suppress the congress petition movement.In the fifth part,the author explores the relation between the transition of the political rights for Chinese citizens in modern China and the traditional Chinese social ecological environment.First,the political rights has been gone through from scratch and constantly improved in laws,which cause was power compromise with right.Next,power was forced to gave way to right under the background of the national crisis,so the political rights can't thrive and has been violated in citizen's political practice in modern China.The political rights is a necessary important content of democracy.The democracy in western countries derives from contractual society.But traditional China has always been a status society.Powers transplant the democracy in Western countries hastily have a unfortunate consequence that “Orange born in Huainan was orange,orange born in Huaibei was bitter orange”.Traditional China has been placed under a super-stable the monistic power system which left lots of residuals.The different political forces chase the centralization of state power in modern china.For that reason,they have adopted a variety of methods consisted of political legal and so on to try to take the power state into their own hands.Then they regarded themselves as the origin of the power system which aim was to restart to distribute powers.There were many acts to wreck the citizen's political participation in modern China.It was the result of pursuing the monistic power system.The nationalism has been the mainstream under the background of the national crisis.Nationalists which hold a view that every country or nation's freedom is the basis and prerequisite for the individual.So if citizen's political rights conflict with country or nation's freedom,the political rights should be curbed.The politico-legal culture in traditional China has been pursuing the harmonious relationship between human beings and nature.That is to say the rulers' ultimate objection is maintain the ruling order and they regard the law as a special kind of tool.If the political rights endanger the ruling order,the political should give way to ruling order too.So the transition of the political rights for Chinese citizens has constantly improved in laws,but the political rights has been violated in citizens' political practice.In the sixth part is the conclusion,based on the summary of the contents,the author puts forward the prospects for future study.