西藏民主改革：现代政治秩序建构及法理解读

The Democratic Reform in Tibet:An Interpretation of the Construction of the Modern Political Order and Law

旧西藏地方政权的僧侣、贵族专制,本质上是一种政教合一的前现代政治,更缺乏对西藏人民的人权保障。西藏民主改革废除农奴制、实行民主选举,堪称世界人权史上的史诗性变革,也是一种民主、平等、彰显人权、政教分离的现代政治秩序建构。西藏民主改革本身,涉及国家政治制度统一、人民当家做主、人权、政教分离等典型的法学话题,因而可以从法学视角进行解读。

The monks' and aristocratic tyranny carried out by the local government in old Tibet is essentially a kind of pre-modern politics which means unification of the state and the church as well as the lack of human rights protection.The democratic reform in Tibet,which abolished serfdom and implemented democratic election,was not only an epic change in the history of the world human rights,but also the construction of the modern political order including the democracy,equality,human rights,the separation of church and state.It can be interpreted by legal view of points because it has an important links with the typical legal topics such as the uniform system of national politics,people's master status in the country,human rights,and the separation of church and state,etc..