“人权派”宪政思想探析

Inquiry into the Constitutional Thinking of the Human Rights School

“人权派”产生于20世纪30年代前后,是由一批从欧美留学归来的高级知识分子组成的政治派别。他们揭露和批判在国民党训政之下,人民权利得不到保障的现状,主张国家的功用和目的在于保障人权。为实现这一目标,就必须实行民主政治,用约法或宪法来约束、规范政府行为,最终建立一个个人尊严得到充分尊重、个人价值充分实现的社会。

The Human Rights School was formed as a political organization in the 1930s by a group of Chinese intellectuals who had studied abroad. They exposed and criticized the Nationalists＇repression of civil rights during the period of ＂political tutelage＂. They asserted that the function and purpose of a state is to protect human rights. In order to achieve this goal, the state must practice democracy, rely on the provisional constitution or constitution to restrain and regulate the government＇s behavior, and ultimately to establish a society where everyone＇s dignity would be fully respected and an individual＇s value could be realized.