中国特色人权观的历史发展与内在逻辑

Historical Development and Internal Logic of the View of Human Rights with Chinese Characteristics

中国特色人权观是中国在对舶来的"人权"概念及理论进行借鉴、内化和创新过程中产生的理论成果。其形成路径具有借鉴性、本土性和过渡性的特色。从改革开放起,中国特色人权观的理论发展经历了从社会主义国家人权存在及内涵之辨到就治党治国方略与经验进行理论和实践成果总结,再到从以法学为代表的具体人权研究的过程。在其生成发展的纵向历史阶段中,传统文化中的朴素人权观念、西方资本主义国家主流人权理论、马克思主义人权理论分别发挥了不同作用,彼此有机结合,共同塑造了中国特色人权观的主体部分。

The view of human rights with Chinese characteristics is the theoretical achieve- ment of China in the process of learning, internalizing and innovating the concept of ＂human rights＂ as an exotic good. The path for its formation features properties of reference, of aborig- inality and of transitivity. Since the Reform and Opening Up, the theoretical core of the view of human rights with Chinese characteristics has experienced several processes： from debate over the existence and connotations of human rights in socialist countries to summary of the theoreti- cal and practical achievements of the strategy and the experiences of the administration of the party and of the country, and to the process of human rights study via micro disciplines, such as the law. In the vertical historical stage of the creation and development of the view of human rights with Chinese characteristics, the simple view of human rights in the traditional culture, the mainstream theories of human rights in Western capitalist countries and the human rights theory in Marxism each played a different role and worked organically with one another to form the main part of the view of human rights with Chinese characteristics.