Study On Hu She's Human Rights And Democracy

Hu Shi is an introducer of liberalism to China, whose theories about human rights and democracy are based on philosophy of liberalism, and these theories on human rights and democracy are extremely rich. This paper not only has social realistic implication, but also has implication for China's sustainable development. In the era of globalization, a society needs steady transformation and development, and relies on the heritage and innovation of law. To realize legal modernization, with special reference to the ongoing constitutional development, China must take human rights and democracy seriously. Hu's theories on human rights and democracy are important for the future, and, to quote Tang Degang,"he is a man for the future rather than for the present."For historical reasons, the study of Hu Shi often suffers intentionally or unintentionally from prejudices and neglect. Breaking this deliberately concealment, restoring Hu's human rights and democracy theories, and studying the possibility of constitutionalism, all is important to Chinese legal improvement and the process of modernization.The first part of paper will study the philosophical foundation of human rights and democracy. It will study from two aspects of Hu's world view and the methodology of demonstration. This section tries to study Hu's liberal philosophy based on his specific methodology and his theories of human rights and democracy. In addition, based on historical evidences, this section also attempts to analyze the formation of Hu's liberal political philosophy in light of some factual incidents, in order to show how his liberalism was originated from some historical facts of Republican China. The second part of this article is the core, and it will study human rights and provide in-depth description and careful analysis of human rights. It will also demonstrate views about liberty and the connotation of individual freedom. It also studies Hu Shi's democracy theory and finally answers the following questions: What is Hu's core teachings about idemocracy? Along this path, this section also studies the constitutional government and how constitutionalism can be achieved: The first aspect is human rights as purpose; the second aspect is democracy as the core. Through elaborating the above-mentioned aspects, and based on a close reading of existing literatures, this paper attempts to put forward a creative conclusion: Hu Shi's views of human rights and the core connotation of democracy concept are consistent, and the two jointly point to personal freedom and individual value. Hu's core teachings are based on liberalism philosophy, and at the same time human rights and democracy together constitute two important dimensions of constitutionalism. Therefore, Hu Shi's politico-legal thoughts are of a systematic character, and the logic of the same ethos exists thoroughly in the system. They constitute the core ideas of this article. The third part studies the theories of human rights and democracy, and its purpose is to get positive inspiration for our contemporary era..Based on the method of longitudinal study of different periods of Hu's writings, this paper discusses his ideas thoroughly. According to the time sequence, this paper wants to represent the essence of Hu's theories. Through the investigation of Hu Shi's theories, this paper preliminarily represents his human rights and democracy ideas in a clear way, and argues that their combination can be of significance for our understanding of the internal logic of constitutionalism. But Hu Shi's thoughts and philosophical spirit are developmental and sustainable. Along with the progress of the society, these theories and their logic will shed new light on the future. Therefore, Hu's theories of human rights and democracy remain a significant resource for our constitutionalism project and deserve more attention from future student of Chinese constitutionalism.