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題名 | 中國民主憲政發展--首應發表人權宣言=The Development of Constitutional Democracy in China--A Prerequisite would be a Declaration of Human Rights |
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作者姓名(中文) | 劉崇義; | 書刊名 | 中山人文社會科學期刊 |
卷期 | 8:1=18 2000.06[民89.06] |
頁次 | 頁165-208 |
分類號 | 571.9 |
關鍵詞 | 人權; 革命民權; 人道精神; 權利法案; 獨立宣言; 人權宣言; Human right; Revolution civil right; Spirit of humanity; Bill of rights; Declaration of independence; Declaration of the rights of men and citizens; |
語文 | 中文(Chinese) |
中文摘要 | 以西方民主國家而言,憲政發展史同時也是爭取人權和伴隨建 立近代國家的血淚史。黑格爾曾說中國有關人權的書籍在秦始皇統 一天下後,就焚燒殆盡。以民為主,以民為重的民本思想,只是孔 孟儒家理想,事實上未能發展所謂西方的人權。 自由思想由嚴復介紹進入中國,而後 孫中山領導的民主革命 是深具人權思想,認為人權是自由和平等的象徵。 西方最早提出人權的民主憲政國家是英國。早在一二一五年便 頒佈的大憲章,宣示君王權力應受法律限制。承認人民享有憲法授 予的一般人民的自由權利。建立王權有限,個人自由的最高政治高 則。一六二八年的權利請願書及一六八九年的權利法案,逐漸建立 了民主憲政的體制。而在一七七六年美國發表了獨立宣言。其宣言 係保障自我尊嚴與價值的努力,以憲法來界定與維持人權,使美國 成為最重視人權的國家。經美國革命的成功鼓舞,在一七八九年法 國大革命中形成了人權宣言,透過宣言闡述人類自然的、不得讓與 的神聖權利,向全國人民喚醒他們的權利和義務。至此西方民主憲 政的體制及價值大抵形成。 西方人權革命給我們最大啟示,是各國憲政革命建立不同政府 形式,卻相同保障了憲法規定的人權,即政府是因為確保人權而設 立的。目前兩岸雖各有憲法記載人權規定,但人權顯然未受到應有 保障。政府結構的差異造成視同水火。然中華民國在這些年來推動 的民主政治,與大陸近年來推動的法政制度都可說是在憲政努力下 的成果。在兩岸大陸與臺灣兩個黨國對立下,我們應基於全民共識 來制定一部全新的憲法。為求統一成為民主憲政的新中國應有一個 基石--人權宣言。告知世人中國人的生命、財產及追求幸福的權利, 是至高無上的。肯定未來統一的民主憲政新中國必能在二十一世紀 大放光彩。 |
英文摘要 | For the western democracies, the development of constitutionalism is also the history in the struggling for human rights and the emergence of modern states. Hegel has put forward that all books concerning human rights in China had been burned to ashes after the unification of the Chinese continent by the Chin Emperor. The Confucius thought of people first and people are the fundamental value of the society was just a matter of ideal, which failed to bring about human rights as the western democracies did. Yen Fu had introduced western democratic thoughts into china. The later revolution led by Dr. Sun Yat-Sen was deeply involved with the idea of human rights. He held that human rights were the symbol for librty and equality. England is the first western constitutional democracy that proposed the concept of human right. the Magna Charter promulgated in 1215 pronounced that the power of the monarchy should be restricted by law. It further admitted that all people could enjoy freedom as granted by the constitution. It established the supreme political principle that the power of the monarchy has to be limited and that the people should have liberty. the Petition of Rights in 1628 and the Bill of Rights in 1689 further consolidated the system of constitutional democracy. The American Declaration of Independence in 1776 is the result of the endeavor in protecting human dignity and value. Human right was then defined and protected by the constitution, which made the United States of America the country values human rights the most. Under the encouragement of the American Revolution, the French also pronounced their Declaration of Rights of Men and Citizens during the French Revolution in 1789. The declaration delineated that the rights of man are gifted and sacred, and could not be compromised. It a wakened the people of the world their rights and responsibilities. By then, the system of western constitutional democracy and value was in shape. The human rights revolution in the western world revealed that constitutional reform or revolution had resulted in different forms of governments. Yet, they all protected human rights as granted by their respective constitution. In other words, the end of the government is to protect human right. Currently, the constitutions in both sides of the Taiwan Strait had clearly stated the protection of human right. However, human rights have never been protected as it supposed to be. The difference in the forms of government drove the two sides into hostility. Nevertheless, the endeavor by the Republic of China in promoting democracy and the endeavor by Mainland China to institutionalize the country could both be regarded as the fruits of the endeavor in constitutionalism. Under the antagonism between the two parties and states of the two sides, a brand new constitution proposed by the people of the two sides should be preferable. For purpose of reunification into a new China under constitutional democracy, there should be a cornerstone---declaration of human right. To tell the world the rights of the Chinese people for living, property and seeking for well-being would be paramount. It should be certain that a new unified China under constitutional democracy in the future would be glamorous in the 21st century. |
本系統之摘要資訊系依該期刊論文摘要之資訊為主。