对中国公民权利意识的历史考察及反思

A Historic Review and Reconsideration of the People's Consciousness of Civil Rights in China

作为实现法治现代化的一个必备条件 ,公民权利意识的现代化是至关重要的。长期以来 ,理论界多把我国公民的权利意识定位在“义务本位”上 ,并对此进行了许多检讨。本文拟在不纯粹批评的立场上 ,对形成今天我国公民权利意识状况的原因进行历史的考察与反思 ,并从中西方权利观的粗略比较中阐释这样一种观点 :任何一个民族的法治现代化都不应以牺牲本民族的法律文化传统为代价 ,只有将变革与传统有机结合 ,才能成功地完成这一进程。

As a necessary condition for the modernization of governing by law, it is of great importance to upgrade people's consciousness of civil rights. For a long time in the theoretical world, the sense of civil rights for the Chinese people is set on the “level of obligation” and the examination of this is carried out time and again. This paper, with no intention of an entire criticism, undertakes a historical review and reconsideration of the formative factors for the present situation about civil rights in China, and based on a rough comparison of the ideology in this regard held by the people in China and in the Western world, this paper also interprets such a view, that is, the modernization of governing by law for any nation should not be a result from the sacrificing of its own law, culture and tradition. Only when the reform and the tradition are united organically, can the course of modernization be accomplished.