摘要
As to the contents of Confucian discourse of human rights there are four topics which are being or not-being,history,relationship and constructivism on Confucian-human right.According to the different criteria of being or not being on Confucian-human right there are three points:not being in ancient times,being in ancient times,not being originally and being later.There are three points too on relationship of Confucian-human right:exclusion,integration and conversion.what is sometimes overlooked on the history of Confucian-human right is eastern studies introduced to the west.The traditional Chinese thoughts had an important effect on western human right idea and normative text.Du Gangjian,a well-known expert on Chaoshan new Confucianism in construction of Confucian-human right,constructs a theory system of Confucian human rights by Confucius’ideas.Taken together,Confucian discourse of human rights is at the cross-section when China mingled with the western countries and the modern replaced the ancient.The commensurability of human rights is just made at this point.
基金
a periodic achievement of the Ministry of Justice’s 2015 national law and legal theory research project“Institutional Supply and Behavioral Choice of Juridical Guarantee for Human Rights”(Project No.:15SFB3001)
China Society for Human Rights Studies’2020 ministerial-level research project“Cultural Interpretation of Confucian Discourse of Human Rights”(Project No.:CSHR2020-09YB)
