从民权到人权——清末民初权利(力)理念演化研究  

From the Civil Rights to the Human Rights——Research About the Transformation of the Rights Idea from the End of Qing Dynasty to the Beginning of Min Dynasty

作　　者：张琮军[1] 

机构地区：[1]中国政法大学法学院,北京102249

出　　处：《三峡大学学报（人文社会科学版）》2008年第1期94-98,共5页Journal of China Three Gorges University(Humanities & Social Sciences)

摘　　要：以君权为核心是中国传统的权利模式,至辛亥革命推翻封建专制主义社会发生了质的改变。乘"西学东渐"之风而兴起的"民权"理念,被近代先进的思想家引进、传播,并将其作为否定专制权力的理论武器。近代"民权理念"和传统中国的"民本思想"有着重大的区别,前者强调"主权在民",是在近代法治基础上的个体本位的权利意识;而后者则是建筑在人治基础上的集体本位的权利意识。从古代的"民本思想",到近代先进知识分子倡导的"民权理念",再到"五四"民主、自由旗帜下的"人权理念",近代中国"权利理念"转化的"三部曲",反映了半殖民地半封建社会的环境下,中国人民的思想觉醒与权利理念的演化历程。The regality as the core is the traditional rights mode in China. It had not been transformed Completely until the feudalistic absolutism society was overthrew by the Revolution of 1911. The civil rights idea that has been sprung up with ＂West Culture Spreading to the East＂, and was took as one kind of the idea weapon to overthrow autarchy right by the neoteric advanced ideologist. There has very important differences between ＂the civil rights idea＂ in modem time and ＂the civil core idea＂ in traditional China. The former one emphasized that ＂essential right belongs to people＂, it was a kind of rights idea of ＂individual core＂, which has been constructed on the foundation of constitutionality in modem time, the latter one, however, was a kind of rights idea of ＂collectivity core＂, which has been constructed on the foundation of autarchy. From ＂the civil core idea＂ in the old time to ＂the civil rights idea＂ which was sparked plug by the advanced intellectual in modem time, until to ＂the human rights idea＂ which was blazoned forth by May 4th Movement. Three phases of the transformation of ＂rights idea＂ which reflected the change course of idea disillusion and rights idea of Chinese people in the neoteric society of the semi-colony and semi-feudal.

关 键 词：君权 民权 人权 

分 类 号：D691.2[政治法律—政治学]