中西人权观源流新探

本文从“三代人权论”谈起，指出人权学说有一个发生、发展和完善的过程。“人权”虽然是一个近代西方的概念，但是人权作为一种实存和理念无论在古代希腊和古代中国即己存在。中西人权观具有共同的特点，即都是建立在人性论、“自然论”基础之上，都反对君权专制和暴政。不过，中西人权观也有明显的区别，即西方人权观是与民主政治相结合的，而中国的人权观是与“王道”相结合的;西方人权观的核心是“人”，而中国人权观的核心是“民”;西方人权观与法制相结合，中国的人权观与人治相结合。具有现代性的第三代人权观则强调“人类人I权”，它既吸收了中西人权观的合理因素，又超越了传统的中西人权观。

On Headstream of the Views of Human Rights of China and the West

The paper discussed the view of human rights of the three generations that had a course from growth, development to consummation. The concept of human right is from modern West originally, however, it was an old idea in ancient China and Greece. There are common characteristics between Western human rights and Chinese human rights, including the theories of humanity, deism, and thought of being against autocracy and tyranny. The theory of human rights of the West is combined with legal system, and the theory of human rights of China is combined with political system. The third view of human rights emphasized rights of human being, not only had it absorbed rational facts from Europe and China, but also it transcended the theories of traditional human rights from West and East.