从等级身份到法律平等 以辛亥革命为中心考察
柴荣,柴英从等级身份到法律平等 以辛亥革命为中心考察
From Hierarchical Statusto Legal Equality: A Study based on the Revolution of 1911
期刊名称：《法学研究》
期刊年份：
作者：柴荣,柴英
单位：北京师范大学;;中国人民大学书报资料中心
中文关键词：等级身份;法律平等;辛亥革命
英文关键词：hierarchical status;legal equality;the Revolution of 1911
中文摘要：
近代以来，中国经历了从等级身份到“法律面前人人平等”的衍变过程。近代中国经济、政治格局变化引发的平等需求是等级身份松动、平等思潮萌发的原动力。改良派和革命派关于如何实现平等的路径规划并不相同，但是二者对等级身份的批判和平等权的宣导都为辛亥革命的爆发奠定了思想舆论基础。近代中国知识界通过“国民”、“人民”等概念解构等级身份，构建了平等理念。辛亥革命后，平等原则以宪法方式得以确立，并在法律、法令中得以具体化。
英文摘要：
In modern times, China had experienced the evolution from the hierarchical status to equality before the law. Realistic demand which was caused by the change of economic and political situations in modern China was the major force which pushed the loosing of the hierarchical status and the germination of the equality idea. Although Reformists and Revolutionaries had different layout on how to achieve equality, their criticism of hierarchical status and their advocacy of equality became the ideological foundation of the outbreak of the Revolution of 1911. In modern times, Chinese intellectuals deconstructed the hierarchical status through the concepts of “citizen” and “people”, etc., and constructed the concept of equality. After the Revolution of 1911, the principle of equality was established by the way of Constitution and concretized by other laws and decrees. The establishment of the principle of equality also required reinforcing the consciousness and cultivation of the citizen. In this sense, the cultivation of the citizen and the establishment, maintenance and realization of the principle of equality before law were two different aspects carried out in the same time.In a word, the Revolution of 1911 is different from any of the hierarchical-differentiation-featured insurgences before. Initiated from the pursuit of personal equality by Chinese people, through the explanation and promulgation of the concept of equality, the Revolution of 1911 established the principle of equality before law for the first time in Chinese history by totally new political system and law.
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