THE FIRST CENTURY OF MAGNA CARTA IN CHINA： AN ACADEMIC HISTORY FROM 1840＇S TO 1940＇S  

作　　者：JIANG Dong 

机构地区：[1]Associate Professor of Law, at School of Law, Rcnmin University of China, Beijing 100872, China.

出　　处：《Frontiers of Law in China-Selected Publications from Chinese Universities》2016年第2期266-279,共14页中国高等学校学术文摘·法学（英文版）

摘　　要：Magna Carta was introduced into China around the mid-19th century under the context that learning from the West was then a trend for Chinese politicians and the academia to modernize China. The English constitutionalism originating from Magna Carta was considered as one of the models for China to reference. Even though the constitutional reform in the late Qing Dynasty failed to establish the constitutionalism in China, the strive for rule of law and democracy in China was never disrupted from then on. In the first century of Magna Carta＇s introduction into China, the academia used the ideas of constitutional rights, the rule of law embedded in Magna Carta to influence constitutionality in China, especially to push forward the protection of human rights and democracy. Even though the constitutionalism was not finally established in the Republic of China, the research on Magna Carta inspired the idea of constitutionalism in China. In addition, the Chinese academia realized that what China should learn was the spirit of Magna Carta, and that the construction of Chinese constitutionalism shall be based on the context of Chinese history and culture.Magna Carta was introduced into China around the mid-19th century under the context that learning from the West was then a trend for Chinese politicians and the academia to modernize China. The English constitutionalism originating from Magna Carta was considered as one of the models for China to reference. Even though the constitutional reform in the late Qing Dynasty failed to establish the constitutionalism in China, the strive for rule of law and democracy in China was never disrupted from then on. In the first century of Magna Carta＇s introduction into China, the academia used the ideas of constitutional rights, the rule of law embedded in Magna Carta to influence constitutionality in China, especially to push forward the protection of human rights and democracy. Even though the constitutionalism was not finally established in the Republic of China, the research on Magna Carta inspired the idea of constitutionalism in China. In addition, the Chinese academia realized that what China should learn was the spirit of Magna Carta, and that the construction of Chinese constitutionalism shall be based on the context of Chinese history and culture.

关 键 词：Magna Carta in China late qing constitution drafting in thehuman rightsconstitutionalism rule of law Republic of China checks onconstitutional re^brm ingovernment consensus 

分 类 号：N031[自然科学总论—科学技术哲学] G316[文化科学]