| From the late19th century to the early20th century, the Chinese nation was in the danger of foreign aggression. Domestic thinkers and reformers were dedicated to find a way access to a new brand society, depending on the profound Chinese culture,broadening their views to the modern world, carrying the dream that all the people should have the equally universal rights in a harmonious society, aiming at the liberation of the land and the improvement of the people’s livelihood, based on the value of the typical Chinese social love-each-other morality, not frightened and not bothered by the danger of situation,and not limited to the mere defending of foreigner invaders. From the modern view of justice, they were remodeling a new conception of rights. In that century, China was invaded and forced to open the gateway of the nation. If they wanted to win the independence and prosperity of the nation, they had to absorb the new theory of the outside world instead of shutting themselves up in a room to make a cart. Marxism was widely spread very early in China and was either accepted, believed by most Chinese people or criticized. Based on Marxism, many kinds of doctrines related to rights were created. This paper is about the initial analysis of combination of the lawful idea of Marxism and national conditions of modern China. Firstly the point should be stressed on the structure of the combination:the origin of the combination (China’s own problem consciousness),the way of how to combine Marxism with the modern Chinese national conditions, the theoretical achievements of the combination,the enlightenment and the historical inheritance of combination and so on. These will be elaborated in this paper through three parts:introduction, the main text(4chapters) and conclusion.The introduction proposed the theme of this article first, that is, to explore what is possible on behalf of the Chinese concept of culture and what is the right to meet the objective needs of the times. Right viewpoint of Chinese community has shown vitality naturally which has its traditional content, time characteristics and specific meaning. Under regulation of Datong, viewpoint of Chinese rights required social equality as the Supreme faith, social morality as a start point, and to individual relationships with groups as social foundation. These "noble" things, livelihood, human survival and welfare are important and real rights in China. But view of rights in China need to be modernized which has a Foundation he created in the modern sense of social issues of Western liberalism of Marxist Outlook on rights begins its historical mission of Chinese, which is the need of the times, is also a conscious choice of Chinese thinkers. This article will complete analysis on topic from above analysis in three propositions:Firstly, illustrating the substance of the Marxist Outlook on the right under the Chinese consciousness;secondly, analyzing the intrinsic elements of China; thirdly, introducing the theory of Marxist Outlook on rights in China. These three aspects are primary content, which existing in introduction is important theoretical support for this article.The first chapter introduced and demonstrated the relationship between the Marxist view of right and modern socialist thought created by the revolutionary organization of the United League. It springs from the great harmony thought in China, in a spirit of political passion and optimism for the Foundation, recognized and accepted the view of Marxist Outlook on rights of civilians in the theory, harmony and equality. Hu han-min’s socialism "psychological" right of Outlook contains a complete theoretical structure. Hu han-min raised the substance of the ownership of land and economic conception of equal value through the dispute with Liang qi-chao.The chapter II discusses the relationship between anarchism and Marxism Outlook on right. Chinese anarchism originated on authoritarianism, power, legal system and critique of alienation of capital. Their social morality and right of Marxist views of revolutionary spirit are consistent in Office but substantive differences. There are cultural differences between anarchists of non-political theory and the moral revolution of Marxist political theory in the rights revolution, because they just want to deconstruct the sine qua non in modern society and political, and completely deny the role of State and law, they couldn’t understand the rights revolution of Marxist. Anarchist inherent in attempting to "public" moral construction to ideal of great harmony society and achieving social equality, with "heart" to make the worldly people become free people who love each other. To approach to non-government social practice with pure education, this is the distinction between their power struggle and Marxism practice theory.Chapter III analyzes the relationship between Sun Yat-Sen’s three principles in his later years (especially the people’s livelihood) and the Marxist Outlook on the right. In his early years, Sun Yat-Sen met Marxism and socialism, and raised average over ideology by inspired. The three people’s principles founded in Sun Yat-sen’s later years retreat from the Marx’s liberalism, and it returned to China-Datong happiness which as part of the Chinese moral values, with "big self" consciousness and harmonic concept established the value connotation of three people’s principles in the argument with Marxist Outlook on the right. To some extent, Sun Yat-Sen’s people’s livelihood interpreted the reasonable debates between the Marxist Outlook on the right of sinofication and traditional Chinese values, and interpreted the essential traditional elements contained in modern Chinese concept of rights.Chapter4comprehensively analyzes the Chinese Marxist Outlook on the rights of some thinkers, such as Li da-zhao and Chen du-xiu etc. first criticized Chinese traditional values thoroughly, that had made historical contributions to the individualism and liberalism in China rights ideas and awareness of rights. They also found law of social progress from the scientific methodology of law, by extension, axiom legal exploration rights. Chinese Marxists fully realized the fundamental role of the economic, based the equality of rights on the economy, and made economic rights as the right of the core. Finally Chinese Marxists treated common people as rights-holders, and on this basis, the creation of populist view of Government represented that the Marxist concept of rights in China developed a national and political viewpoint. Of course, the analysis in this article didn’t form a relatively mature right theory.The last part is a simple summary of the conclusion. The history of Marxist Outlook on the right the first time in China shows the urgent need of Chinese age, and illustrates the demands of the Chinese times that underlying modern liberal values of Marxist Outlook on rights. We can dig out of the country-specific view of rights on the rights of cultural tradition from historical choices. The sinofication of Marxist viewpoint on right is developing progress. |
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