摘要
天赋人权论在西方人权本原学说中一直占据主导地位 ,它的合理性在于肯定了人的自然属性 ,而非科学性的一面是漠视或否定了人的社会属性。法律权利说和社会权利说也各包含有一定的合理因素 ,但从根本上看是不正确的。中国学者的“斗争得来说”、“国赋人权说”、“商赋人权说”、“生赋人权说” ,其合理与不合理的因素与成分应作具体分析。人权源于人的本性。这种本性包含自然属性和社会属性两个方面。自然属性即人性 ,它由人的天性、德性与理性三要素所构成。这是人权存在的目的和意义 ,是人权产生的内因。人的社会性对于人权的意义有两个 ,一是人权存在于人与人的关系中 ;二是社会制度尤其是经济制度的文明程度 ,影响与制约着人权的发展 。
The theory of natural rights has always possessed the leading position in the western doctrine of the origin of human rights. The reasonableness of it is that it affirms the natural character of human being. The unscientific aspect of it is that it ignores or denies the social character of human being. The doctrine of legal rights and the doctrine of social rights both have their own reasonableness to some extent which is radically incorrect. As to the reasonableness or unreasonableness, Concrete analysis should be conducted on the Chinese scholars' theories such as “doctrine of human rights obtained through struggle”, “human rights endowed by state”, “human rights endowed by business”, and “human rights got by existence”. Human rights originated from human nature which includes natural character and social character. The natural character is human nature that is composed of three factors: nature, virtue and logos. This is the significance that human rights exist and the intrinsic factor for human rights to come into being. The social character of human rights are significant in two aspects: one is human rights exist in the relationship of people, the other is that the level of civilization of a social system, especially the economic system affects and restricts the development of human rights, which is the exogenous factor of the development of human rights.
出处
《政法论坛》
CSSCI
北大核心
2004年第2期10-18,共9页
Tribune of Political Science and Law
关键词
天赋人权
自然属性
社会属性
Natural Right
Natural Character
Social Character
