摘要
明治维新前夕就传入日本的天赋人权思想,并没有在明治宪法中得到体现。其后,日本的人权意识又经历了大正民主运动的脉动和法西斯主义的蹂躏,直到新宪法公布后,才真正开始"基本人权"的构建。但是由于社会转型的不彻底等原因,它并没有能够形成系统的思想,也没能得到全面的发展。进入20世纪60年代后,它虽然仍然受到保守的社会体制的压制,但在市民运动的推动下,终于出现了改善的契机以及追求"新的人权"的诉讼。
The thought of the natural rights which was introduced to Japan on the Eve of Meiji Reform had not been well accepted by the Meiji constitution. Later on, Japanese consciousness of human rights experienced the campaign of Taishou democracy and the ravages by fascism. "The fundamental human rights" were not established until the promulgation of the new constitution. But it did not form a systematic thought or developed comprehensively due to the incompleteness of social reform. Though it was still constrained by the conservative social system since the 1960 ' s, it has finally turned to a new page since the lawsuit for pursuing "new human rights" has appeared, which was promoted by citizen campaigns.
出处
《北方法学》
2009年第6期14-20,共7页
Northern Legal Science
关键词
明治维新
人权意识
日本新宪法
基本人权
Meiji Reform
consciousness of human rights
Japanese new Constitution
fundamental human rights