近代中国制宪中的“民权”与“人权”之争——以章渊若与罗隆基的一场论战为例

The Controversy about Civil Rights and Human Rights in Drawing the Constitution in Modern China:Based on the Debate between Zhang Yuan-ruo and Luo Long-ji

近代中国1930年代的民权与人权之争,发生在著名的宪政学家章渊若和著名的政治活动家罗隆基之间。这场战争以"人权"二字是否应当写入《约法》里为起因,在论争中论者就"人权"与"民权"的异同,"人权"与"天赋人权"的异同以及人权的实质等问题进行了辩论,反映了社会连带主义与自由主义的思想背景和不同的政治文化立场。我们只有从论者所处的时代背景和拥有的思想渊源中去理解这场论争,才能真正领悟语词背后蕴含的深刻意旨或理想。

The controversy about civil rights and human rights in 1930s in China was conducted by noted constitutionalist Zhang Yuan-ruo and famous politician Luo Long-ji, which was concerned with whether ＂human rights＂ should be kept in the law. The debate centered on the similarities and dissimilarities of human right and civil right, the similarities and dissimilarities of human right and natural right, and the essence Of human right, etc. Ultimately, it reflected the opposite ideologies of social solidarism and liberalism as well as the disparity of cultures. The inspiration of the controversy lies in that if only we were back to where the controversy was aroused and held ourselves as the debaters without any modern man＇ s position could we fully understand the ideas of the debater who were zealous for prosperity and happiness of their state and people.